12. 2. 87 Official Journal of the European Communities No L 42/43 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE of 22 December 1986 amending Directive 75/439/EEC on the disposal of waste oils (87/101/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Parli- ament (), Having regard to the opinion of the Economic and Social Committee (%), Whereas Council Directive 75/439/EEC (*) provides that Member States shall take the necessary measures to ensure the safe collection and disposal of waste oils and to ensure that, as far as possible, the disposal of waste oils is carried out by recycling (regeneration and/or combustion other than for destruction); Whereas regeneration is generally the most rational way of re-using waste oils in view of the energy savings which can be achieved; whereas therefore, priority should be given to the processing of waste oils by regeneration, where technical, economic and organizational constraints allow it; Whereas, in the present state of Community law, Member States may, under certain conditions, ban the combustion of waste oils on their territory ; whereas this Directive is not intended to change this state of law; Whereas the burning of waste oil generates waste gases containing substances which are harmful to the environ- ment when emitted above certain concentration ; whereas measures laying down arrangements for burning waste oils should, therefore, be taken; () OJ No C 58, 6. 3. 1985, p. 3. () OJ No C 255, 13. 10. 1986, p. 269. () OJ No C 330, 20. 12. 1985, p. 32. () O] No L 194, 25. 7. 1975, p. 23. Whereas it is desirable to improve the efficiency of waste oil collection and to tighten up monitoring in this area; Whereas, in view of the particularly dangerous character of PCB/PCTs, it is necessary to strengthen Community law concerning the combustion or the regeneration of waste oils contaminated by these substances; Whereas Member States should have the possibility, whilst respecting the conditions of the Treaty, to take more stringent measures for the purpose of environmental protection, - HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 75/439/EEC is hereby amended as follows: 1. Articles 1 to 6 shall be replaced by the following: ‘Article 1 For the purposes of this Directive : — “waste oils” means : any mineral-based lubrication or industrial oils which have become unfit for the use for which they were originally intended, and in particular used combustion engine oils and gearbox oils, and also mineral lubricating oils, oils for turbines and hydraulic oils ; — “disposal” means : the processing or destruction of waste oils as well as their storage and tipping above or under ground ;