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399L0031

Official Journal L 182 , 16/07/1999 p. 0001 - 0019

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Council Directive 1999/31/EC
of 26 April 1999
on the landfill of waste

COUNCIL DIRECTIVE 1999/31/EC

of 26 April 1999

on the landfill of waste

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,
and in particular Article 130s(1) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the Economic and Social Committee(2),

Acting in accordance with the procedure laid down in Article 189c
of the Treaty(3),

(1) Whereas the Council resolution of 7 May 1990(4) on waste policy
welcomes and supports the Community strategy document and invites
the Commission to propose criteria and standards for the disposal
of waste by landfill;

(2) Whereas the Council resolution of 9 December 1996 on waste
policy considers that, in the future, only safe and controlled
landfill activities should be carried out throughout the Community;

(3) Whereas the prevention, recycling and recovery of waste should
be encouraged as should the use of recovered materials and energy
so as to safeguard natural resources and obviate wasteful use
of land;

(4) Whereas further consideration should be given to the issues
of incineration of municipal and non-hazardous waste, composting,
biomethanisation, and the processing of dredging sludges;

(5) Whereas under the polluter pays principle it is necessary,
inter alia, to take into account any damage to the environment
produced by a landfill;

(6) Whereas, like any other type of waste treatment, landfill
should be adequately monitored and managed to prevent or reduce
potential adverse effects on the environment and risks to human
health;

(7) Whereas it is necessary to take appropriate measures to avoid
the abandonment, dumping or uncontrolled disposal of waste; whereas,
accordingly, it must be possible to monitor landfill sites with
respect to the substances contained in the waste deposited there,
whereas such substances should, as far as possible, react only
in foreseeable ways;

(8) Whereas both the quantity and hazardous nature of waste intended
for landfill should be reduced where appropriate; whereas the
handling of waste should be facilitated and its recovery enhanced;
whereas the use of treatment processes should therefore be encouraged
to ensure that landfill is compatible with the objectives of this
Directive; whereas sorting is included in the definition of treatment;

(9) Whereas Member States should be able to apply the principles
of proximity and self-sufficiency for the elimination of their
waste at Community and national level, in accordance with Council
Directive 75/442/EEC of 15 July 1975 on waste(5) whereas the objectives
of this Directive must be pursued and clarified through the establishment
of an adequate, integrated network of disposal plants based on
a high level of environmental protection;



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(10) Whereas disparities between technical standards for the disposal
of waste by landfill and the lower costs associated with it might
give rise to increased disposal of waste in facilities with low
standards of environmental protection and thus create a potentially
serious threat to the environment, owing to transport of waste
over unnecessarily long distances as well as to inappropriate
disposal practices;

(11) Whereas it is therefore necessary to lay down technical standards
for the landfill of waste at Community level in order to protect,
preserve and improve the quality of the environment in the Community;

(12) Whereas it is necessary to indicate clearly the requirements
with which landfill sites must comply as regards location, conditioning,
management, control, closure and preventive and protective measures
to be taken against any threat to the environment in the short
as well as in the long-term perspective, and more especially against
the pollution of groundwater by leachate infiltration into the
soil;

(13) Whereas in view of the foregoing it is necessary to define
clearly the classes of landfill to be considered and the types
of waste to be accepted in the various classes of landfill;

(14) Whereas sites for temporary storage of waste should comply
with the relevant requirements of Directive 75/442/EEC;

(15) Whereas the recovery, in accordance with Directive 75/442/EEC,
of inert or non-hazardous waste which is suitable, through their
use in redevelopment/restoration and filling-in work, or for construction
purposes may not constitute a landfilling activity;

(16) Whereas measures should be taken to reduce the production
of methane gas from landfills, inter alia, in order to reduce
global warming, through the reduction of the landfill of biodegradable
waste and the requirements to introduce landfill gas control;

(17) Whereas the measures taken to reduce the landfill of biodegradable
waste should also aim at encouraging the separate collection of
biodegradable waste, sorting in general, recovery and recycling;

(18) Whereeas, because of the particular features of the landfill
method of waste disposal, it is necessary to introduce a specific
permit procedure for all classes of landfill in accordance with
the general licensing requirements already set down in Directive
75/442/EEC and the general requirements of Directive 96/61/EC
concerning integrated pollution prevention and control(6) whereas
the landfill site's compliance with such a permit must be verified
in the course of an inspection by the competent authority before
the start of disposal operations;

(19) Whereas, in each case, checks should be made to establish
whether the waste may be placed in the landfill for which it is
intended, in particular as regards hazardous waste;

(20) Whereas, in order to prevent threats to the environment,
it is necessary to introduce a uniform waste acceptance procedure
on the basis of a classification procedure for waste acceptable
in the different categories of landfill, including in particular
standardised limit values; whereas to that end a consistent and
standardised system of waste characterisation, sampling and analysis
must be established in time to facilitate implementation of this
Directive; whereas the acceptance criteria must be particularly
specific with regard to inert waste;

(21) Whereas, pending the establishment of such methods of analysis
or of the limit values necessary for characterisation, Member
States may for the purposes of this Directive maintain or draw
up national lists of waste which is acceptable or unacceptable
for landfill, or define criteria, including limit values, similar
to those laid down in this Directive for the uniform acceptance
procedure;



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(22) Whereas for certain hazardous waste to be accepted in landfills
for non-hazardous waste acceptance criteria should be developed
by the technical committee;

(23) Whereas it is necessary to establish common monitoring procedures
during the operation and after-care phases of a landfill in order
to indentify any possible adverse environmental effect of the
landfill and take the appropriate corrective measures;

(24) Whereas it is necessary to define when and how a landfill
should be closed and the obligations and responsibility of the
operator on the site during the after-care period;

(25) Whereas landfill sites that have been closed prior to the
date of transposition of this Directive should not be suject to
its provisions on closure procedure;

(26) Whereas the future conditions of operation of existing landfills
should be regulated in order to take the necessary measures, within
a specified period of time, for their adaptation to this Directive
on the basis of a site-conditioning plan;

(27) Whereas for operators of existing landfills having, in compliance
with binding national rules equivalent to those of Article 14
of this Directive, already submitted the documentation referred
to in Article 14(a) of this Directive prior to its entry into
force and for which the competent authority authorised the continuation
of their operation, there is no need to resubmit this documentation
nor for the competent authority to deliver a new authorisation;

(28) Whereas the operator should make adequate provision by way
of a financial security or any other equivalent to ensure that
all the obligations flowing from the permit are fulfilled, including
those relating to the closure procedure and after-care of the
site;

(29) Whereas measures should be taken to ensure that the price
charged for waste disposal in a landfill cover all the costs involved
in the setting up and operation of the facility, including as
far as possible the financial security or its equivalent which
the site operator must provide, and the estimated cost of closing
the site including the necessary after-care;

(30) Whereas, when a competent authority considers that a landfill
is unlikely to cause a hazard to the environment for longer than
a certain period, the estimated costs to be included in the price
to be charged by an operator may be limited to that period;

(31) Whereas it is necessary to ensure the proper application
of the provisions implementing this Directive throughout the Community,
and to ensure that the training and knowledge acquired by landfill
operators and staff afford them the necessary skills;

(32) Whereas the Commission must establish a standard procedure
for the acceptance of waste and set up a standard classification
of waste acceptable in a landfill in accordance with the committee
procedure laid down in Article 18 of Directive 75/442/EEC;

(33) Whereas adaptation of the Annexes to this Directive to scientific
and technical progress and the standardisation of the monitoring,
sampling and analysis methods must be adopted under the same committee
procedure;

(34) Whereas the Member States must send regular reports to the
Commission on the implementation of this Directive paying particular
attention to the national strategies to be set up in pursuance
of Article 5; whereas on the basis of these reports the Commission
shall report to the European Parliament and the Council;

HAS ADOPTED THIS DIRECTIVE



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Article 1

Overall objective

1. With a view to meeting the requirements of Directive 75/442/EEC,
and in particular Articles 3 and 4 thereof, the aim of this Directive
is, by way of stringent operational and technical requirements
on the waste and landfills, to provide for measures, procedures
and guidance to prevent or reduce as far as possible negative
effects on the environment, in particular the pollution of surface
water, groundwater, soil and air, and on the global environment,
including the greenhouse effect, as well as any resulting risk
to human health, from landfilling of waste, during the whole life-cycle
of the landfill.

2. In respect of the technical characteristics of landfills, this
Directive contains, for those landfills to which Directive 96/61/EC
is applicable, the relevant technical requirements in order to
elaborate in concrete terms the general requirements of that Directive.
The relevant requirements of Directive 96/61/EC shall be deemed
to be fulfilled if the requirements of this Directive are complied
with.

Article 2

Definitions

For the purposes of this Directive:

(a) "waste" means any substance or object which is covered by
Directive 75/442/EEC;

(b) "municipal waste" means waste from households, as well as
other waste which, because of its nature or composition, is similar
to waste from household;

(c) "hazardous waste" means any waste which is covered by Article
1(4) of Council Directive 91/689/EEC of 12 December 1991 on hazardous
waste(7)

(d) "non-hazardous waste" means waste which is not covered by
paragraph (c);

(e) "inert waste" means waste that does not undergo any significant
physical, chemical or biological transformations. Inert waste
will not dissolve, burn or otherwise physically or chemically
react, biodegrade or adversely affect other matter with which
it comes into contact in a way likely to give rise to environmental
pollution or harm human health. The total leachability and pollutant
content of the waste and the ecotoxicity of the leachate must
be insignificant, and in particular not endanger the quality of
surface water and/or groundwater;

(f) "underground storage" means a permanent waste storage facility
in a deep geological cavity such as a salt or potassium mine;

(g) "landfill" means a waste disposal site for the deposit of
the waste onto or into land (i.e. underground), including:

- internal waste disposal sites (i.e. landfill where a producer
of waste is carrying out its own waste disposal at the place of
production), and

- a permanent site (i.e. more than one year) which is used for
temporary storage of waste,

but excluding:



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- facilities where waste is unloaded in order to permit its preparation
for further transport for recovery, treatment or dispsal elsewhere,
and

- stoarage of waste prior to recovery or treatment for a period
less than three years as a general rule, or

- storage of waste prior to disposal for a period less than one
year;

(h) "treatment" means the physical, thermal, chemical or biological
processes, including sorting, that change the characteristics
of the waste in order to reduce its volume or hazardous nature,
facilitate its handling or enhance recovery;

(i) "leachate" means any liquid percolating through the deposited
waste and emitted from or contained within a landfill;

(j) "landfill gas" means all the gases generated from the landfilled
waste;

(k) "eluate" means the solution obtained by a laboratory leaching
test;

(l) "operator" means the natural or legal person responsible for
a landfill in accordance with the internal legislation of the
Member State where the landfill is located; this person may change
from the preparation to the after-care phase;

(m) "biodegradable waste" means any waste that is capable of undergoing
anaerobic or aerobic decomposition, such as food and garden waste,
and paper and paperboard;

(n) "holder" means the producer of the waste or the natural or
legal person who is in possession of it;

(o) "applicant" means any person who applies for a landfill permit
under this Directive;

(p) "competent authority" means that authority which the Member
States designate as responsible for performing the duties arising
from this Directive;

(q) "liquid waste" means any waste in liquid form including waste
waters but excluding sludge;

(r) "isolated settlement" means a settlement:

- with no more than 500 inhabitants per municipality or settlement
and no more than five inhabitants per square kilometre and,

- where the distance to the nearest urban agglomeration with at
least 250 inhabitants per square kilometre is not less than 50
km, or with difficult access by road to those nearest agglomerations,
due to harsh meteorological conditions during a significant part
of the year.

Article 3

Scope

1. Member States shall apply this Directive to any landfill as
defined in Article 2(g).

2. Without prejudice to existing Community legislation, the following
shall be excluded from the scope of this Directive:

- the spreading of sludges, including sewage sludges, and sludges
resulting from dredging operations, and similar matter on the
soil for the purposes of fertilisation or improvement,

- the use of inert waste which is suitable, in redevelopment/restoration
and filling-in work, or



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for construction purposes, in landfills,

- the deposit of non-hazardous dredging sludges alongside small
waterways from where they have been dredged out and of non-hazardous
sludges in surface water including the bed and its sub soil,

- the deposit of unpolluted soil or of non-hazardous inert waste
resulting from prospecting and extraction, treatment, and storage
of mineral resources as well as from the operation of quarries.

3. Without prejudice to Directive 75/442/EEC Member States may
declare at their own option, that the deposit of non-hazardous
waste, to be defined by the committee established under Article
17 of this Directive, other than inert waste, resulting from prospecting
and extraction, treatment and storage of mineral resources as
well as from the operation of quarries and which are deposited
in a manner preventing environmental pollution or harm to human
health, can be exempted from the provisions in Annex I, points
2, 3.1, 3.2 and 3.3 of this Directive.

4. Without prejudice to Directive 75/442/EEC Member States may
declare, at their own option, parts or all of Articles 6(d), 7(i),
8(a)(iv), 10, 11(1)(a), (b) and (c), 12(a) and (c), Annex I, points
3 and 4, Annex II (except point 3, level 3, and point 4) and Annex
III, points 3 to 5 to this Directive not applicable to:

(a) landfill sites for non-hazardous or inert wastes with a total
capacity not exceeding 15 000 tonnes or with an annual intake
not exceeding 1 000 tonnes serving islands, where this is the
only landfill on the island and where this is exclusively destined
for the disposal of waste generated on that island. Once the total
capacity of that landfill has been used, any new landfill site
established on the island shall comply with the requirements of
this Directive;

(b) landfill sites for non-hazardous or inert waste in isolated
settlements if the landfill site is destined for the disposal
of waste generated only by that isolated settlement.

Not later than two years after the date laid down in Article 18(1),
Member States shall notify the Commission of the list of islands
and isolated settlements that are exempted. The Commission shall
publish the list of islands and isolated settlements.

5. Without prejudice to Directive 75/442/EEC Member States may
declare, at their own option, that underground storage as defined
in Article 2(f) of this Directive can be exempted from the provisions
in Article 13(d) and in Annex I, point 2, except first indent,
points 3 to 5 and in Annex III, points 2, 3 and 5 to this Directive.

Article 4

Classes of landfill

Each landfill shall be classified in one of the following classes:

- landfill for hazardous waste,

- landfill for non-hazardous waste,

- landfill for inert waste.

Article 5

Waste and treatment not acceptable in landfills



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1. Member States shall set up a national strategy for the implementation
of the reduction of biodegradable waste going to landfills, not
later than two years after the date laid down in Article 18(1)
and notify the Commission of this strategy. This strategy should
include measures to achieve the targets set out in paragraph 2
by means of in particular, recycling, composting, biogas production
or materials/energy recovery. Within 30 months of the date laid
down in Article 18(1) the Commission shall provide the European
Parliament and the Council with a report drawing together the
national strategies.

2. This strategy shall ensure that:

(a) not later than five years after the date laid down in Article
18(1), biodegradable municipal waste going to landfills must be
reduced to 75 % of the total amount (by weight) of biodegradable
municipal waste produced in 1995 or the latest year before 1995
for which standardised Eurostat data is available

(b) not later than eight years afte the date laid down in Article
18(1), biodegradable municipal waste going to landfills must be
reduced to 50 % of the total amount (by weight) of biodegradable
municipal waste produced in 1995 or the latest year before 1995
for which stadardised Eurostat data is available;

(c) not later than 15 years after the date laid down in Article
18(1), biodegradable municipal waste going to landfills must be
reduced to 35 % of the total amount (by weight) of biodegradable
municipal waste produced in 1995 or the lates year before 1995
for which standardised Eurostat data is available.

Two years before the date referred to in paragraph (c) the Council
shall reexamine the above target, on the basis of a report from
the Commission on the practical experience gained by Member States
in the pursuance of the targets laid down in paragraphs (a) and
(b) accompanied, if appropriate, by a proposal with a view to
confirming or amending this target in order to ensure a high level
of environmental protection.

Member States which in 1995 or the latest year before 1995 for
which standardised EUROSTAT data is available put more than 80
% of their collected municipal waste to landfill may postpone
the attainment of the targets set out in paragraphs (a), (b),
or (c) by a period not exceeding four years. Member States intending
to make use of this provision shall inform in advance the Commission
of their decision. The Commission shall inform other Member States
and the European Parliament of these decisions.

The implementation of the provisions set out in the preceding
subparagraph may in no circumstances lead to the attainment of
the target set out in paragraph (c) at a date later than four
years after the date set out in paragraph (c).

3. Member States shall take measures in order that the following
wastes are not accepted in a landfill:

(a) liquid waste;

(b) waste which, in the conditions of landfill, is explosive,
corrosive, oxidising, highly flammable or flammable, as defined
in Annex III to Directive 91/689/EEC;

(c) hospital and other clinical wastes arising from medical or
veterinary establishments, which are infectious as defined (property
H9 in Annex III) by Directive 91/689/EEC and waste falling within
category 14 (Annex I.A) of that Directive.

(d) whole used tyres from two years from the date laid down in
Article 18(1), excluding tyres used as engineering material, and
shredded used tyres five years from the date laid down in Article
18(1) (excluding in both instances bicylce tyres and tyres with
an outside diameter above 1 400 mm);



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(e) any other type of waste which does not fulfil the acceptance
criteria determined in accordance with Annex II.

4. The dilution of mixture of waste solely in order to meet the
waste acceptance criteria is prohibited.

Article 6

Waste to be accepted in the different classes of landfill

Member States shall take measures in order that:

(a) only waste that has been subject to treatment is landfilled.
This provision may not apply to inert waste for which treatment
is not technically feasible, nor to any other waste for which
such treatment does not contribute to the objectives of this Directive,
as set out in Article 1, by reducing the quantity of the waste
or the hazards to human health or the environment;

(b) only hazardous waste that fulfils the criteria set out in
accordance with Annex II is assigned to a hazardous landfill;

(c) landfill for non-hazardous waste may be used for:

(i) municipal waste;

(ii) non-hazardous waste of any other origin, which fulfil the
criteria for the acceptance of waste at landfill for non-hazardous
waste set out in accordance with Annex II;

(iii) stable, non-reactive hazardous wastes (e.g. solidified,
vitrified), with leaching behaviour equivalent to those of the
non-hazardous wastes referred to in point (ii), which fulfil the
relevant acceptance criteria set out in accordance with Annex
II. These hazarouds wastes shall not be deposited in cells destined
for biodegradable non-hazardous waste,

(d) inert waste landfill sites shall be used only for inert waste.

Article 7

Application for a permit

Member States shall take measures in order that the application
for a landfill permit must contain at least particulars of the
following:

(a) the identity of the applicant and of the operator when they
are different entities;

(b) the description of the types and total quantity of waste to
be deposited;

(c) the proposed capacity of the disposal site;

(d) the description of the site, including its hydrogeological
and geological characteristics;

(e) the proposed methods for pollution prevention and abatement;

(f) the proposed operation, monitoring and control plan;

(g) the proposed plan for the closure and after-care procedures;

(h) where an impact assessment is required under Council Directive
85/337/EEC of 27 June 1985 on the assessment of the effects of
certain public and private projects on the environment (8),



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the information provided by the developer in accordance with Article
5 of that Directive;

(i) the financial security by the applicant, or any other equivalent
provision, as required under Article 8(a)(iv) of this Directive.

Following a successful application for a permit, this information
shall be made available to the competent national and Community
statistical authorities when requested for statistical purposes.

Article 8

Conditions of the permit

Member States shall take measures in order that:

(a) the competent authority does not issue a landfill permit unless
it is satisfied that:

(i) without prejudice to Article 3(4) and (5), the landfill project
complies with all the relevant requirements of this Directive,
including the Annexes;

(ii) the management of the landfill site will be in the hands
of a natural person who is technically competent to manage the
site; professional and technical development and training of landfill
operators and staff are provided;

(iii) the landfill shall be operated in such a manner that the
necessary measures are taken to prevent accidents and limit their
consequences;

(iv) adequate provisions, by way of a financial security or any
other equivalent, on the basis of modalities to be decided by
Member States, has been or will be made by the applicant prior
to the commencement of disposal operations to ensure that the
obligations (including after-care provisions) arising under the
permit issued under the provisions of this Directive are discharged
and that the closure procedures required by Article 13 are followed.
This security or its equivalent shall be kept as long as required
by maintenance and after-care operation of the site in accordance
with Article 13(d). Member States may declare, at their own option,
that this point does not apply to landfills for inert waste;

(b) the landfill project is in line with the relevant waste management
plan or plans referred to in Article 7 of Directive 75/442/EEC;

(c) prior to the commencement of disposal operations, the competent
authority shall inspect the site in order to ensure that it complies
with the relevant conditions of the permit. This will not reduce
in any way the responsibility of the operator under the conditions
of the permit.

Article 9

Content of the permit

Specifying and supplementing the provisions set out in Article
9 of Directive 75/442/EEC and Article 9 of Directive 96/61/EC,
the landfill permit shall state at least the following:

(a) the class of the landfill;

(b) the list of defined types and the total quantity of waste
which are authorised to be deposited in the landfill;



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(c) requirements for the landfill preparations, landfilling operations
and monitoring and control procedures, including contingency plans
(Annex III, point 4.B), as well as provisional requirements for
the closure and after-care operations;

(d) the obligation on the applicant to report at least annually
to the competent authority on the types and quantities of waste
disposed of and on the results of the monitoring programme as
required in Articles 12 and 13 and Annex III.

Article 10

Cost of the landfill of waste

Member States shall take measures to ensure that all of the costs
involved in the setting up and operation of a landfill site, including
as far as possible the cost of the financial security or its equivalent
referred to in Article 8(a)(iv), and the estimated costs of the
closure and after-care of the site for a period of at least 30
years shall be covered by the price to be charged by the operator
for the disposal of any type of waste in that site. Subject to
the requirements of Council Directive 90/313/EEC of 7 June 1990
on the freedom of access to information on the environment (9)Member
States shall ensure transparency in the collection and use of
any necessary cost information.

Article 11

Waste acceptance procedures

1. Member States shall take measures in order that prior to accepting
the waste at the landfill site:

(a) before or at the time of delivery, or of the first in a series
of deliveries, provided the type of waste remains unchanged, the
holder or the operator can show, by means of the appropraite documentation,
that the waste in question can be accepted at that site according
to the conditions set in the permit, and that it fulfils the acceptance
criteria set out in Annex II;

(b) the following reception procedures are respected by the operator:

- checking of the waste documentation, including those documents
required by Article 5(3) of Directive 91/689/EEC and, where they
apply, those required by Council Regulation (EEC) No 259/93 of
1 February 1993 on the supervision and control of shipments of
waste within, into and out of the European Community (10);

- visual inspection of the waste at the entrance and at the point
of deposit and, as appropriate, verification of conformity with
the description provided in the documentation submitted by the
holder. If representative samples have to be taken in order to
implement Annex II, point 3, level 3, the results of the analyses
shall be kept and the sampling shall be made in conformity with
Annex II, point 5. These samples shall be kept at least one month;

- keeping a register of the quantities and characteristics of
the waste deposited, indicating origin, date of delivery, identity
of the producer or collector in the case of municipal waste, and,
in the case of hazardous waste, the precise location on the site.
This information shall be made available to the competent national
and Community statistical authorities when requested for statistical
purposes;



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(c) the operator of the landfill shall always provide written
acknowledgement of receipt of each delivery acepted on the site;

(d) without prejudice to the provisions of Regulation (EEC) No
259/93, if waste is not accepted at a landfill the operator shall
notify without delay the competent authority of the non-acceptance
of the waste.

2. For landfill sites which have been exempted from provisions
of this Directive by virtue of Article 3(4) and (5), Member States
shall take the necessary measures to provide for:

- regular visual inspection of the waste at the point of deposit
in order to ensure that only non-hazardous waste from the island
or the isolated settlement is accepted at the site; and

- a register on the quantities of waste that are deposited at
the site be kept.

Member States shall ensure that information on the quantities
and, where possible, the type of waste going to such exempted
sites forms part of the regular reports to the Commission on the
implementation of the Directive.

Article 12

Control and monitoring procedures in the operational phase

Member States shall take measures in order that control and monitoring
procedures in the operational phase meet at least the following
requirements:

(a) the operator of a landfill shall carry out during the operational
phase a control and monitoring programme as specified in Annex
III;

(b) the operator shall notify the competent authority of any significant
adverse environmental effects revealed by the control and monitoring
procedures and follow the decision of the competent authority
on the nature and timing of the corrective measures to be taken.
These measures shall be undertaken at the expense of the operator.

At a frequency to be determined by the competent authority, and
in any event at least once a year, the operator shall report,
on the basis of aggregated data, all monitoring results to the
competent authorities for the purpose of demonstrating compliance
with permit conditions and increasing the knowledge on waste behaviour
in the landfills;

(c) the quality control of the analytical operations of the control
and monitoring procedures and/or of the analyses referred to in
Article 11(1)(b) are carried out by competent laboratories.

Article 13

Closure and after-care procedures

Member States shall take measures in order that, in accordance,
where appropriate, with the permit:

(a) a landfill or part of it shall start the closure procedure:

(i) when the relevant conditions stated in the permit are met;
or

(ii) under the authorisation of the competent authority, at the
request of the operator; or

(iii) by reasoned decision of the competent authority;



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(b) a landfill or part of it may only be considered as definitely
closed after the competent authority has carried out a final on-site
inspection, has assessed all the reports submitted by the operator
and has communicated to the operator its approval for the closure.
This shall not in any way reduce the responsibility of the operator
under the conditions of the permit;

(c) after a landfill has been definitely closed, the operator
shall be responsible for its maintenance, monitoring and control
in the after-care phase for as long as may be required by the
competent authority, taking into account the time during which
the landfill could present hazards.

The operator shall notify the competent authority of any significant
adverse environmental effects revealed by the control procedures
and shall follow the decision of the competent authority on the
nature and timing of the corrective measures to be taken;

(d) for as long as the competent authority considers that a landfill
is likely to cause a hazard to the environment and without prejudice
to any Community or national legislation as regards liability
of the waste holder, the operator of the site shall be responsible
for monitoring and analysing landfill gas and leachate from the
site and the groundwater regime in the vicinity of the site in
accordance with Annex III.

Article 14

Existing landfill sites

Member States shall take measures in order that landfills which
have been granted a permit, or which are already in operation
at the time of transposition of this Directive, may not continue
to operate unless the steps outlined below are accomplished as
soon as possible and within eight years after the date laid down
in Article 18(1) at the latest:

(a) with a period of one year after the date laid down in Article
18(1), the operator of a landfill shall prepare and present to
the competent authorities, for their approval, a conditioning
plan for the site including the particulars listed in Article
8 and any corrective measures which the operator considers will
be needed in order to comply with the requirements of this Directive
with the exception of the requirements in Annex I, point 1;

(b) following the presentation of the conditioning plan, the competent
authorities shall take a definite decision on whether operations
may continue on the basis of the said conditioning plan and this
Directive. Member States shall take the necessary measures to
close down as soon as possible, in accordance with Article 7(g)
and 13, sites which have not been granted, in accordance with
Article 8, a permit to continue to operate;

(c) on the basis of the approved site-conditioning plan, the competent
authority shall authorise the necessary work and shall lay down
a transitional period for the completion of the plan. Any existing
landfill shall comply with the requirements of this Directive
with the exception of the requirements in Annex I, point 1 within
eight years after the date laid down in Article 18(1);

(d) (i) within one year after the date laid down in Article 18(1),
Articles 4, 5, and 11 and Annex II shall apply to landfills for
hazardous waste;

(ii) within three years after the date laid down in Article 18(1),
Article 6 shall apply to landfills for hazardous waste.



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Article 15

Obligation to report

At intervals of three years Member States shall send to the Commission
a report on the implementation of this Directive, paying particular
attention to the national strategies to be set up in pursuance
of Article 5. The report shall be drawn up on the basis of a questionnaire
or outline drafted by the Commission in accordance with the procedure
laid down in Article 6 of Directive 91/692/EEC (11) The questionnaire
or outline shall be sent to Member States six months before the
start of the period covered by the report. The report shall be
sent to the Commission within nine months of the end of the three-year
period covered by it.

The Commission shall publish a Community report on the implementation
of this Directive within nine months of receiving the reports
from the Member States.

Article 16

Committee

Any amendments necessary for adapting the Annexes to this Directive
to scientific and technical progress and any proposals for the
standardisation of control, sampling and analysis methods in relation
to the landfill of waste shall be adopted by the Commission, assisted
by the Committee established by Article 18 of Directive 75/442/EEC
and in accordance with the procedure set out in Article 17 of
this Directive. Any amendments to the Annexes shall only be made
in line with the principles laid down in this Directive as expressed
in the Annexes. To this end, as regards Annex II, the following
shall be observed by the Committee: taking into account the general
principles and general procedures for testing and acceptance criteria
as set out in Annex II, specific criteria and/or test methods
and associated limit values should be set for each class of landfill,
including if necessary specific types of landfill within each
class, including underground storage. Proposals for the standardisation
of control, sampling and analysis methods in relation to the Annexes
of this Directive shall be adopted by the Commission, assisted
by the Committee, within two years after the entry into force
of this Directive.

The Commission, assisted by the Committee, will adopt provisions
for the harmonisation and regular transmission of the statistical
date referred to in Articles 5, 7 and 11 of this Directive, within
two years after the entry into force of this Directive, and for
the amendments of such provisions when necessary.

Article 17

Committee procedure

The Commission shall be assisted by a Committee composed of the
representatives of the Member States and chaired by the representative
of the Commission.

The representative of the Commission shall submit to the Committee
a draft of the measures to be taken. The Committee shall deliver
its opinion on the draft within a time limit which the chairman
may lay down according to the urgency of the matter. The opinion
shall be delivered by the majority



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14

laid down in Article 148(2) of the Treaty in the case of decisions
which the Council is required to adopt on a proposal from the
Commission. The votes of the representatives of the Member States
within the Committee shall be weighted in the manner set out in
that Article. The chairman shall not vote.

The Commission shall adopt the measures envisaged if they are
in accordance with the opinion of the Committee.

If the measures envisaged are not in accordance with the opinion
of the Committee, or if no opinion is delivered, the Commission
shall, without delay, submit to the Council a proposal relating
to the measures to be taken. The Council shall act by a qualified
majority.

If on the expiry of a period of three months from the date of
referral to the Council, the Council has not acted, the proposed
measures shall be adopted by the Commission.

Article 18

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this Directive
not later than two years after its entry into force. They shall
forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a
reference to this Directive or shall be accompanied by such reference
on the occasion of their official publication. The methods of
making such a reference shall be laid down by Member States.

2. Member States shall communicate the texts of the provisions
of national law which they adopt in the field covered by this
Directive to the Commission.

Article 19

Entry into force

This Directive will enter into force on the day of its publication
in the Official Journal of the European Communities.

Article 20

Addressees

This Directive is addressed to the Member States.

Done at Luxembourg, 26 April 1999.

For the Council

The President

J. FISCHER

(1) OJ C 156, 24.5.1997, p. 10.



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15

(2) OJ C 355, 21.11.1997, p. 4.

(3) Opinion of the European Parliament of 19 February 1998 (OJ
C 80, 16.3.1998, p. 196), Council common position of 4 June 1998
(OJ C 333, 30.10.1998, p. 15) and Decision of the European Parliament
of 3 February 1999 (OJ C 150, 28.5.1999, p. 78)

(4) OJ C 122, 18.5.1990, p. 2.

(5) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Commission
Decision 96/350/EC (OJ L 135, 6.6.1996, p. 32).

(6) OJ L 257, 10.10.1996, p. 26.

(7) OJ L 377, 31.12.1991, p. 20. Directive as last amended by
Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28);

(8) OJ L 175, 5.7.1985, p. 40. Directive as amended by Directive
97/11/EC (OJ L 73, 14.3.1997, p. 5).

(9) OJ L 158, 23.6.1990, p. 56.

(10) OJ L 30, 6.2.1993, p. 1. Regulation as amended by Regulation
(EC) No 120/97 (OJ L 22, 24.1.1997, p. 14).

(11) OJ L 377, 31.12.1991, p. 48.

ANNEX I

GENERAL REGUIREMENTS FOR ALL CLASSES OF LANDFILLS

1. Location

1.1. The location of a landfill must take into consideration requirements
relating to:

(a) the distances from the boundary of the site to residential
and recreation areas, waterways, water bodies and other agricultural
or urban sites;

(b) the existence of groundwater, coastal water or nature protection
zones in the area;

(c) the geological and hydrogeological conditions in the area;

(d) the risk of flooding, subsidence, landslides or avalanches
on the site;

(e) the protection of the nature or cultural patrimony in the
area.

1.2. The landfill can be authorised only if the characteristics
of the site with respect to the abovementioned requirements, or
the corrective measures to be taken, indicate that the landfill
does not pose a serious environmental risk.

2. Water control and leachate management

Appropriate measures shall be taken, with respect to the characteristics
of the landfill and the meteorological conditions, in order to:

- control water from precipitations entering into the landfill
body,

- prevent surface water and/or groundwater from entering into
the landfilled waste,

- collect contaminated water and leachate. If an assessment based
on consideration of the location of the landfill and the waste
to be accepted shows that the landfill poses no potential hazard



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16

to the environment, the competent authority may decide that this
provision does not apply,

- treat contaminated water and leachate collected from the landfill
to the appropriate standard required for their discharge.

The above provisions may not apply to landfills for inert waste.

3. Protection of soil and water

3.1. A landfill must be situated and designed so as to meet the
necessary conditions for preventing pollution of the soil, groundwater
or surface water and ensuring efficient collection of leachate
as and when required according to Section 2. Protection of soil,
groundwater and surface water is to be achieved by the combination
of a geological barrier and a bottom liner during the operational/active
phase and by the combination of a geological barrier and a bottom
liner during the operational/active phase and by the combination
of a geological barrier and a top liner during the passive phase/post
closure.

3.2. The geological barrier is determined by geological and hydrogeological
conditions below and in the vicinity of a landfill site providing
sufficient attenuation capacity to prevent a potential risk to
soil and groundwater.

The landfill base and sides shall consist of a mineral layer which
satisfies permeability and thickness requirements with a combined
effect in terms of protection of soil, groundwater and surface
water at least equivalent to the one resulting from the following
requirements:

- landfill for hazardous waste: K [le      ] 1,0  x  10[minus
  ] 9 m/s; thickness [ge      ] 5 m,

- landfill for non-hazardous waste: K [le      ] 1,0  x  10[minus
] 9 m/s; thickness [ge      ] 1 m,

- landfill for inert waste: K [le      ] 1,0  x  10[minus   ]
7 m/s; thickness [ge      ] 1 m,

m/s: meter/second.

Where the geological barrier does not naturally meet the above
conditions it can be completed artificially and reinforced by
other means giving equivalent protection. An artificially established
geological barrier should be no less than 0,5 metres thick.

3.3. In addition to the geological barrier described above a leachate
collection and sealing system must be added in accordance with
the following principles so as to ensure that leachate accumulation
at the base of the landfill is kept to a minimum:

Leachate collection and bottom sealing

TABLE POSITION

Member States may set general or specific requirements for inert
waste landfills and for the characteristics of the abovementioned
technical means.

If the competent authority after a consideration of the potential
hazards to the environment finds that the prevention of leachate
formation is necessary, a surface sealing may be prescribed. Recommendations
for the surface sealing are as follows:

TABLE POSITION

3.4. If, on the basis of an assessment of environmental risks
taking into account, in particular, Directive 80/68/EEC(1), the
competent authority has decided, in accordance with Section 2
("Water control and leachate management"), that collection and
treatment of leachate is not necessary or



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it has been established that the landfill poses no potential hazard
to soil, groundwater or surface water, the requirements in paragraphs
3.2 and 3.3 above may be reduced accordingly. In the case of landfills
for inert waste these requirements may be adapted by national
legislation.

3.5. The method to be used for the determination of the permeability
coefficient for landfills, in the field and for the whole extension
of the site, is to be developed and approved by the Committee
set up under Article 17 of this Directive.

4. Gas control

4.1. Appropriate measures shall be taken in order to control the
accumulation and migration of landfill gas (Annex III).

4.2. Landfill gas shall be collected from all landfills receiving
biodegradable waste and the landfill gas must be treated and used.
If the gas collected cannot be used to produce energy, it must
be flared.

4.3. The collection, treatment and use of landfill gas under paragraph
4.2 shall be carried on in a manner which minimises damage to
or deterioration of the environment and risk to human health.

5. Nuisances and hazards

Measures shall be taken to minimise nuisances and hazards arising
from the landfill through:

- emissions of odours and dust,

- wind-blown materials,

- noise and traffic,

- birds, vermin and insects,

- formation and aerosols,

- fires.

The landfill shall be equipped so that dirt originating from the
site is not dispersed onto public roads and the surrounding land.

6. Stability

The emplacement of waste on the site shall take place in such
a way as to ensure stability of the mass of waste and associated
structures, particularly in respect of avoidance of slippages.
Where an artificial barrier is established it must be ascertained
that the geological substratum, considering the morphology of
the landfill, is sufficiently stable to prevent settlement that
may cause damage to the barrier.

7. Barriers

The landfill shall be secured to prevent free access to the site.
The gates shall be locked outside operating hours. The system
of control and access to each facility should contain a programme
of measures to detect and discourage illegal dumping in the facility.

(1) OJ L 20, 26.1.1980, p. 43. Directive as last amended by Directive
91/692/EEC (OJ L 377, 31.12.1991, p. 48).

ANNEX II



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WASTE ACCEPTANCE CRITERIA AND PROCEDURES

1. Introduction

This Annex describes:

- general principles for acceptance of waste at the various classes
of landfills. The future waste classification procedure should
be based on these principles,

- guidelines outlining preliminary waste acceptance procedures
to be followed until a uniform waste classification and acceptance
procedure has been developed. This procedure will, together with
the relevant sampling procedures, be developed by the technical
Committee referred to in Article 16 of this Directive. The technical
Committee shall develop criteria which have to be fulfilled for
certain hazardous waste to be accepted in landfills for non-hazardous
waste. These criteria should, in particular, take into account
the short, medium and long term leaching behaviour of such waste.
These criteria shall be developed within two years of the entry
into force of this Directive. The technical Committee shall also
develop criteria which have to be fulfilled for waste to be accepted
in underground storage. These criteria must take into account,
in particular, that the waste is not to be expected to react with
each other and with the rock.

This work by the technical Committee, with the exception of proposals
for the standardisation of control, sampling and analysis methods
in relation to the Annexes of this Directive which shall be adopted
within two years after the entry into force of this Directive,
shall be completed within three years from the entry into force
of this Directive and must be carried out having regard to the
objectives set forth in Article 1 of this Directive.

2. General principles

The composition, leachability, long-term behaviour and general
properties of a waste to be landfilled must be known as precisely
as possible. Waste acceptance at a landfill can be based either
on lists of accepted or refused waste, defined by nature and origin,
and on waste analysis methods and limit values for the properties
of the waste to be accepted. The future waste acceptance procedures
described in this Directive shall as far as possible be based
on standardised waste analysis methods and limit values for the
properties of waste to be accepted.

Before the definition of such analysis methods and limit values,
Member States should at least set national lists of waste to be
accepted or refuses at each class of landfill, or defined the
criteria required to be on the lists. In order to be accepted
at a particular class of landfill, a type of waste must be on
the relevant national list or fulfil criteria similar to those
required to be on the list. These lists, or the equivalent criteria,
and the analysis methods and limit values shall be sent to the
Commission within six months of the transposition of this Directive
or whenever they are adopted at national level.

These lists or acceptance criteria should be used to establish
site specific lists, i.e. the list of accepted waste specified
in the permit in accordance with Article 9 of this Directive.

The criteria for acceptance of waste on the reference lists or
at a class of landfill may be based on other legislation and/or
on waste properties.

Criteria for acceptance at a specific class of landfill must be
derived from considerations pertaining to:

- protection of the surrounding environment (in particular groundwater
and surface water),

- protection of the environmental protection systems (e.g. liners
and leachate treatment systems),

- protection of the desired waste-stabilisation processes within
the landfill,



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- protection against human-health hazards.

Examples of waste property-based criteria are:

- requirements on knowledge of total composition,

- limitations on the amount of organic matter in the waste,

- requirements or limitations on the biodegradability of the organic
waste components,

- limitations on the amount of specified, potentially harmful/hazardous
components (in relation to the abovementioned protection criteria),

- limitations on the potential and expected leachability of specified,
potentially harmful/hazardous components (in relation to the abovementioned
protection criteria),

- ecotoxicological properties of the waste and the resulting leachate.

The property-based criteria for acceptance of waste must generally
be most extensive for inert waste landfills and can be less extensive
for non-hazardous waste landfills and least extensive for hazardous
waste landfills owing to the higher environmental protection level
of the latter two.

3. General procedures for testing and acceptance of waste

The general characterisation and testing of waste must be based
on the following three-level hierarchy:

Level 1: Basic characterisation. This constitutes a thorough determination,
according to standardised analysis and behaviour-testing methods,
of the short and long-term leaching behaviour and/or characteristic
properties of the waste.

Level 2: Compliance testing. This constitutes periodical testing
by simpler standardised analysis and behaviour-testing methods
to determine whether a waste complies with permit conditions and/or
specific reference criteria. The tests focus on key variables
and behaviour identified by basic characterisation.

Level 3: On-site verification. This constitutes rapid check methods
to confirm that a waste is the same as that which has been subjected
to compliance testing and that which is described in the accompanying
documents. It may merely consist of a visual inspection of a load
of waste before and after unloading at the landfill site.

A particular type of waste must normally be characterised at Level
1 and pass the appropriate criteria in order to be accepted on
a reference list. In order to remain on a site-specific list,
a particular type of waste must a regular intervals (e.g. annually)
be tested at Level 2 and pass the appropriate criteria. Each waste
load arriving at the gate of a landfill must be subjected to Level
3 verification.

Certain waste types may be exempted permanently to temporarily
from testing at Level 1. This may be due to impracticability to
testing, to unavailability of appropriate testing procedures and
acceptance criteria or to overriding legislation.

4. Guidelines for preliminary waste acceptance procedures

Until this Annex is fully completed only Level 3 testing is mandatory
and Level 1 and Level 2 applied to the extent possible. At this
preliminary stage waste to be accepted at a particular class of
landfill must either be on a restrictive national or site-specific
list for that class of landfill or fulfil criteria similar to
those required to get on the list.

The following general guidelines may be used to set preliminary
criteria for acceptance of waste at the three major classes of
landfill or the corresponding lists.Inert waste landfills: only
inert waste as defined in Article 2(e) can be accepted on the
list.



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Non-hazardous waste landfills: in order to be accepted on the
list a waste type must not be covered by Directive 91/689/EEC.

Hazardous waste landfills: a preliminary rough list for hazardous
waste landfills would consist of only those waste types covered
by Directive 91/689/EEC. Such waste types should, however not
be accepted on the list without prior treatment if they exhibit
total contents or leachability of potentially hazardous components
that are high enough to constitute a short-term occupational or
environmental risk or to prevent sufficient waste stabilisation
within the projected lifetime of the landfill.

5. Sampling of waste

Sampling of waste may pose serious problems with respect to representation
and techniques owing to the heterogeneous nature of many wastes.
A European standard for sampling of waste will be developed. Until
this standard is approved by Member States in accordance with
Article 17 of this Directive, the Member States may apply national
standards and procedures.

ANNEX III

CONTROL AND MONITORING PROCEDURES IN OPERATION AND AFTER-CARE
PHASES

1. Introduction

The purpose of this Annex is to provide the minimum procedures
for monitoring to be carried out to check:

- that waste has been accepted to disposal in accordance with
the criteria set for the category of landfill in question,

- that the processes within the landfill proceed as desired,

- that the environmental protection systems are functioning fully
as intended,

- that the permit conditions for the landfill are fulfilled.

2. Meteorological data

Under their reporting obligation (Article 15), Member States should
supply data on the collection method for meteorological data.
It us up to Member States to decide how the data should be collected
(in situ, national meteorological network, etc.).

Should Member States decide that water balances are an effective
tool for evaluating whether leachate is building up in the landfill
body or whether the site is leaking, it is recommended that the
following data are collected from monitoring at the landfill or
from the nearest meteorological station, as long as required by
the competent authority in accordance with Article 13(c) of this
Directive:

TABLE POSITION

3. Emission data: water, leachate and gas control

Sampling of leachate and surface water if present must be collected
at representative points. Sampling and measuring (volume and composition)
of leachate must be performed separately at each point at which
leachate is discharged from the site. Reference: general guidelines
on sampling technology, ISO 5667-2 (1991).

Monitoring of surface water is present shall be carried out at
not less than two points, one upstream from the landfill and one
downstream.



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Gas monitoring must be representative for each section of the
landfill. The frequency of sampling and analysis is listed in
the following table. For leachate and water, a sample, representative
of the average composition, shall be taken for monitoring.

The frequency of sampling could be adapted on the basis of the
morphology of the landfill waste (in tumulus, buried, etc). This
has to be specified in the permit.

TABLE POSITION

4. Protection of groundwater

A. Sampling

The measurements must be such as to provide information on groundwater
likely to be affected by the discharging of waste, with at least
one measuring point in the groundwater inflow region and two in
the outflow region. This number can be increased on the basis
of a specific hydrogeological survey and the need for an early
identification of accidental leachate release in the groundwater.

Sampling must be carried out in at least three locations before
the filling operations in order to establish reference values
for future sampling. Reference: Sampling Groundwaters, ISO 5667,
Part 11, 1993.

B. Monitoring

The parameters to be analysed in the samples taken must be derived
from the expected composition of the leachate and the groundwater
quality in the area. In selecting the parameters for analysis
account should be taken of mobility in the groundwater zone. Parameters
could include indicator parameters in order to ensure an early
recognition of change in water quality(1).

TABLE POSITION

C. Trigger levels

Significant adverse environmental effects, as referred to in Articles
12 and 13 of this Directive, should be considered to have occurred
in the case of groundwater, when an analysis of a groundwater
sample shows a significant change in water quality. A trigger
level must be determined taking account of the specific hydrogeological
formations in the location of the landfill and groundwater quality.
The trigger level must be laid down in the permit whenever possible.

The observations must be evaluated by means of control charts
with established control rules and levels for each downgradient
well. The control levels must be determined from local variations
in groundwater quality.

5. Topography of the site: data on the landfill body

TABLE POSITION

(1) Recommended parameters: ph, TOC, phenols, heavy metals, fluoride,
AS, oil/hydrocarbons.

DOCNUM

399L0031

AUTHOR

COUNCIL

FORM

DIRECTIVE

TREATY

European Community

TYPDOC

3 ; SECONDARY LEGISLATION ; 1999 ; L



399L0031

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22

DESCRIPT

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BELPROV

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