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Правове регулювання поводження з відходами у рамках ЄС
of the European list of wastes and the above-mentioned establishment of the
consolidated EWC.
According to Article 1(5) hazardous waste from households is exempted from the
provisions of Directive 91/689/EEC. The number of countries that have estab-
lished separate collection systems for hazardous household waste has increased
since the previous report for the period 1995-1997.
Waste oil is classified as hazardous waste (in chapter 12 and 13 of the hazardous
waste list). The waste terminology in Directive 75/439/EEC on waste oils (such as
disposal, processing, regeneration and combustion) differs from the framework
Directives and the Waste Management Strategy. Thus “disposal of waste oil” means
any treatment (processing, destruction, storage and tipping) whereas “disposal
of waste” means operations listed in Annex II A such as incineration without
energy recovery or landfilling.
Directive 86/278/EEC defines the “use” of sewage sludge as “the spreading of
sludge on the soil or any other application of sludge on and in the soil”. This
definition, combined with the provisions in Directive 86/278/EEC, implies that
the use of sewage sludge in agriculture has to be regarded as a recovery opera-
tion as defined in Annex II B of Directive 75/442/EEC (R10: Land treatment
resulting in benefit to agriculture).
1.2. Hierarchy of principles
The hierarchy of principles — waste prevention, recycling, energy recovery and
safe disposal — is laid down in Article 3 and 4 of Directive 75/442/EEC and
was confirmed in the Community Strategy for Waste Management 1996. The
principles of the waste hierarchy are also enshrined in the provisions of Directive
94/62/EC on packaging and packaging waste.
As regards the application of Directive 75/442/EEC on waste, questions 2 and
4 asked for the measures to encourage prevention and recovery and the details
on waste generation and treatment. From the information provided by Member
States, it remains unclear whether and how much waste has been prevented within
the European Union over the 1998-2000 period. According to data supplied on
waste generation, it appears that household waste per capita has increased as
compared to the previous period while hazardous waste is stabilised.
The success of waste recycling differs widely between Member States. The mean
recycling rate for domestic waste for the fifteen Member States is 26% (ranging
from 8% to 63%). The mean recycling rate for hazardous waste is also about
27% (ranging from 5% to 77%). This indicates an overall increasing tendency
although a number of Member States achieve still modest rates of recycling.
Furthermore, available data on packaging indicate an increase in recovery and
recycling of packaging waste.
As it is not clear how Member States distinguish between incineration with and
without energy recovery, both operations have to be considered together. As re-
gards household waste the mean rate was 23%, with Denmark and Luxembourg
reporting rates as high as 58% and 56% respectively. Even with energy recovery
though, incineration is generally, according to the hierarchy of principles men-
tioned above, an inferior option to other waste treatment alternatives further up
the waste hierarchy, such as reuse and material recycling.
Despite a decreasing tendency, a good number of Member States continue to rely
heavily on landfilling as means of disposing their domestic waste, with the average