31. 3. 78 Official Journal of the European Communities No L 84/43 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE of 20 March 1978 on toxic and dangerous waste (78/319/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 Parlia- ment (1), ' Having regard to the opinion of the Economic and Social Committee (?), Whereas any disparity between the provisions on disposal of toxic and dangerous waste already appli- cable or in preparation in the various Member States may create unequal conditions of competition and thus directly affect the functioning of the common market ; whereas it is therefore necessary to approxi- mate laws in this field, as provided for in Article 100 of the Treaty; Whereas it seems necessary that this approximation of laws be accompanied by Community action so that one of the aims of the Community in the sphere of protection of the environment and improvement of the quality of life can be achieved by more extensive rules ; whereas certain specific provisions to this effect should therefore be laid down ; whereas Article 235 of the Treaty should be invoked as the powers required (") OJ No C 30, 17. 2. 1977, p. 27. () O] No C 77, 30. 3. 1977, p. 5. for this purpose have not been provided for by the Treaty ; Whereas the 1973 (%) and 1977 (*) programmes of action of the European Communities on the environ- ment stress the need for Community action in order to control the disposal of toxic and dangerous waste ; Whereas the essential objective of all provisions relating to the disposal of toxic or dangerous waste must be the protection of human health and the safe- guarding of the environment against harmful effects caused by the collection of toxic and dangerous waste as well as its carriage, treatment, storage and tipping; Whereas the prevention, recycling and recovery of toxic and dangerous waste and the use of recovered materials should be encouraged in order to conserve natural resources ; Whereas in order to ensure an effective protection of the environment, provision should be made for a uniform system of permits for undertakings which store, treat and/or tip toxic and dangerous waste ; whereas unauthorized holders of toxic and dangerous waste should have it stored and/or treated only by authorized undertakings ; Whereas that proportion of the cost of the disposal of toxic and dangerous waste not covered by the proceeds of treating the waste must be defrayed in accordance with the ‘polluter pays’ principle ; No C 112, 20. 12. 1973, p. 3. No C 139, 13. 6. 1977, p. 3.