7 February 1992

Doc. 6572

1403-6/2/92-12-E

MOTION FOR A RECOMMENDATION

on the management, processing, recycling

and marketing of waste

presented by Mr MASSERET and others

1.       The Assembly is aware of the problem constituted by the production of waste, whether it be domestic, industrial or hospital waste. The problem has many aspects which warrant equal attention, namely the occupation of valuable space by waste, pollution of air and soil, and squandering of raw materials.

2.       It is gratifying that several countries are beginning to pay attention to this problem with a view to organising more rationally and safely the collection, processing, recycling and possible marketing of waste.

3.       The Assembly has already concerned itself with the implementation of the Basle Convention on the Control of Transboundary Movements of Hazardous Wastes. It welcomed this instrument, which it hoped would be rapidly signed and ratified by all the member countries.

4.       It is nevertheless aware that the convention is aimed at intercontinental transboundary movements of waste between the North and the South.

5.       The Assembly therefore considers it necessary to look into transboundary movements of waste that are conducted within Europe, either legally or totally illegally.

6.       These unlawful operations may result in dangerous products, such as contaminated hospital waste or toxic industrial waste, being deposited on legal dumps. Such unsupervised deposits might have dangerous effects on waste that is recycled and marketed by quite legal procedures.

7.       The salvaging, sorting, processing, recycling and storing or marketing of waste is generally done under sub-contracting agreements between local authorities and private companies. It is important that this recourse to outside services should not result in a transfer of official powers to whichever third parties are appointed for carrying out the various operations concerning waste.

8.       Consequently, the Assembly recommends that the Committee of Ministers draw up some proposals relating to transfrontier agreements on movements of waste that ensure complete openness concerning the existence and exact purpose of such movements. The proposals will bear on:

i.       a clear and open definition of the status of third parties responsible for dealing with waste;

ii.       the terms which should at all costs be included in sub-contracting agreements between the principal (local authority) and the agent (industrialist responsible for the waste). These terms should relate to the right of authorities to supervise all operations as well as their public accountability in the event of serious incidents, accidental pollution and similar occurrences. The agreements should also deal with the third parties' share of responsibility and their obligation to ensure the openness of their activities;

iii.       the necessary drawing up of recommendations at European level for the purpose of harmonising existing legislation on the processing of waste, while respecting certain specific national or regional conditions (concerning climate, soil, hydrology etc) that warrant special legislation.

Signed:       MASSERET, GRAENITZ, STEGAGNINI, NEWALL, RUBNER, CUATRECASAS, RUFFY, FOURRE, DHAILLE, OEHLER, VIAL-MASSAT, FORNI, PISTRE, WORMS, KOEHL, LEMOINE, JEAMBRUN.