Summary: Directive 78/319/EEC on toxic and hazardous waste and difficulties in applying it; negotiations on amending it leading to Directive 91/689/EEC on hazardous waste; the definition in Directive 91/689/EEC: by reference to a list or by designation by Member States; procedure for establishing the list; the Commission's problems in drawing up the list; its adoption in the form of a sub-set of the European Waste Catalogue; likely problems in interpretation; significance of the characteristics listed in Annex III; rebutting the presumption of hazardousness; competence of the Member States in further defining hazardous waste.
European Energy and Environmental Law Review