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Главная->Право->Содержание->Правове регулювання поводження з відходами у рамках ЄС221

Європейське право навколишнього середовища

Правове регулювання поводження з відходами у рамках ЄС221

Article 3 and the priority to the regeneration of waste oils, since they promote the use of waste oils as fuels.

As regards sewage sludge, the Commission is of the opinion that the conclusions drawn in the previous consolidated report for period 1995-1997 remain valid. In particular, it considers the use of sewage sludge as fertiliser on agricultural soils as the best environmental option provided that it does not pose any threat to the environment as well as to human and animal health. It appears that the provisions of Directive 86/278/EEC have been quite effective in preventing the spreading of pollution because of the use of sludge.

Available figures suggest a slight decline in sludge use in agriculture in the EU, from about 43% in 1995 to 37% in 2000. There are appreciable variations among the different Member States, in some of which the decline in sludge use is rather sharp. The Commission considers that this decline in sludge use in agriculture in favour of incineration is contrary to the waste hierarchy.

The Commission considers that a monitored and well-regulated land spreading of sludge should be encouraged and sustained. At the same time, rules should be strengthened, when necessary, especially taking into account long-term effects on soil quality.

1.3. Waste management planning

Waste management plans are a key element in the Community’s waste management policy as, without appropriate planning, Member States are not in a position to be able to account for and deal with the waste that arises in their territories. In addition to directive 75/442/EEC, Article 6 of Directive 91/689/EEC on hazardous waste and Article 14 of Directive 94/62/EC on packaging and packaging waste require also waste management plans for those wastes.

During 1997-2000 the Commission took legal action against several Member States which failed to ensure that waste plans were in place. By the end of that period the majority of Member States had drawn up plans. Problems persist with France, UK and Italy.

With an aim to improve waste management planning in the Member States the Commission has arranged for the preparation of guidelines addressed to national or regional competent authorities. Their publication is expected in the first quarter of 2003.

1.4. Waste statistics

As already stressed in Commission’s report for 1995-1997, in order to allow the comparability and evaluation of data, it is necessary that Member States use a common approach on the definition of waste, the waste lists, and the waste management terminology. However this is not yet the case and the following problems are outlined:

– The terms domestic waste (waste from households) and municipal waste (col­lected by municipalities) are often used as a synonym. However, municipal waste may include, in addition to domestic waste, similar commercial, industrial and institutional waste.

– The data on incineration as disposal operation and on incineration with energy recovery have to be considered together since it is not clear how Member States distinguish these operations.



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– “Other treatment” represents a considerable proportion of treatment applied but its definition varies from one Member State to another.

– Member States use different approaches to calculate the quantity of waste oil generated (between 33% and 66% of the marketed oil).

– Information is especially lacking on “other waste”, i.e. all wastes which are not domestic or hazardous wastes and which make up the largest part of generated waste. As a result, it is not possible to provide a clear picture of their composition and handling within the EU.

An important development towards improving the quality of waste data was the adoption in November 2002 by the European Parliament and the Council, of Regulation 2150/2002/EC41 on waste statistics. This new Regulation aims at establishing a Community framework for statistics, with common definitions and classifications, and should enable better monitoring of waste prevention and establishing linkages between waste generation and resource use. Under the new rules statistics will have to be collected from 2004 and every two years thereafter.

1.5. Record keeping

The requirement of keeping records on waste and the waste management constitute the basis for existing waste statistics.

Article 14 of Directive 75/442/EEC requires that establishments and under­takings carrying out recovery and disposal operations have to keep records on the waste and the waste management. In addition, Article 4(2) of Directive 91/ 689/EEC requests producers of hazardous waste and establishments transporting hazardous waste to keep records. Further the Directive requires in Article 2(1) specific records on the disposal (landfilling) of hazardous waste.

Most Member States appear to have implemented their record keeping obligations under the aforementioned provisions. Some indicate that they have developed producer-related obligations in addition to those for producers of hazardous waste. The experience gained from Member States in implementing record keeping obligations remains an underdeveloped area.

Article 11 of Directive 75/439/EEC specifies for waste oils that Member States can set a minimum quantity (not above 500 litres), above which establishments producing, collecting and/or handling waste oils are obliged to keep records. The limits set range from 0 litre (any quantity to be recorded) to 500 litres (limit value of the Directive).

Article 10 of Directive 86/278/EEC requests up-to-date records on the generation and use of sewage sludge as well as the characteristics of the sludge, the recipients and the place of use. As already stated in the previous 1995-1997 report, some Member States do not report the data requested for sludge production as well as quantities used in agriculture and others give only estimates.

1.6. Control of waste management

Member States have to establish or designate competent authorities responsible for the control of waste management operations. Table 1 of the Annex to Directive 75/442/EEC provides a general overview on the competencies of the national authorities, while Tables 2, 3.1, 3.2 and 4.2 of the Annex to Directive

OJ L 332, 9.12.2002, p. 1



Правове регулювання поводження з відходами у рамках ЄС223

75/439/EEC provide details on the responsibilities in the sector of waste oils. The competencies differ largely between Member States which is due to the general differences in the administrative structures.

According to Article 9, 10 and 12 of Directive 75/442/EEC, establishments and undertakings carrying out recovery or disposal operations must obtain a permit from the competent authorities. Establishments collecting and transporting waste have to be registered with the competent authorities. Article 11 provides the conditions for exemptions of the permit requirement which are tightened by Article 3 of Directive

91/689/EEC for hazardous waste. As was the case for the previous implementation report, relatively few Member States have implemented the possibility for exempting permit requirements in 1998-2000 and no reasons or advantages have been indicated by those Member States who have done so.

Article 6 of Directive 75/439/EEC requires that undertakings which dispose of (i.e. process, destroy, store or tip) waste oils must obtain a permit. As stated in the previous 1995-1997 report, all reporting Member States, with the exception of Denmark, have established a permitting system for installations managing waste oils.

Appropriate periodic inspections are required by Article 13 of Directive 75/ 442/EEC for all establishments handling waste (inclusive collection, transport, recovery and disposal). Article 4(1) of Directive 91/689/EEC broadens up this requirement to include producers of hazardous waste. Article 13 of Directive 75/ 439/EEC only requires inspections for undertakings which dispose of waste oils. Therefore the general provisions of the Framework Directives apply in addition for undertakings collecting and transporting waste oils as well as for producers of waste oils. Only the inspections of producers of hazardous waste are part of the questionnaire. From information supplied it appears that the Member States cannot ensure periodical inspections of all generators of waste and national administrations focus on the most important cases.

1.7. Infringement proceedings

The following table provides an overview of infringement proceedings initiated or pursued by the Commission under Article 226 or 228 of the Treaty concerning the application of Directives 75/442/EEC, 91/689/EEC, 75/439/EEC, 86/278/EEC and 94/62/EC.

1.8. Prospects

Despite positive results achieved the progress made with the implementation of Community waste legislation cannot yet be considered satisfactory. The number of infringement procedures reflects well the current state of play. Significant efforts need therefore to put on the full implementation of Directives 75/442/EEC, 91/689/EEC, 75/439/EEC, 86/278/EEC and 94/62/EC, focusing in particular on the hierarchy of principles of waste management.

Two important recent developments relating to the harmonisation of definitions and lists of waste and the establishment of reliable waste databases are worth noting in this regard, namely the adoption of the consolidated European Waste Catalogue and the adoption of the new Regulation on Waste Statistics.

Furthermore, prospective and recent legislative initiatives in the area of waste