Фрагмент документа "ДИРЕКТИВА СОВЕТА N 1999/31/ЕС ПО ПОЛИГОНАМ ЗАХОРОНЕНИЯ ОТХОДОВ".
COUNCIL DIRECTIVE No. 1999/31/EC
ON THE LANDFILL OF WASTE
(Luxembourg, 26.IV.1999)
The Council of the European Union,
Having regard to the Treaty establishing the European Community,
and in particular Article 130s (1) thereof,
Having regard to the proposal from the Commission <*>,
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<*> OJ C 156, 24.5.1997, p. 10.
Having regard to the opinion of the Economic and Social Committee
<*>,
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<*> OJ C 355, 21.11.1997, p. 4.
Acting in accordance with the procedure laid down in Article 189c
of the Treaty <*>,
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<*> Opinion of the European Parliament of 19 February 1998 (OJ С
80, 16.3.1998, p. 196), Council common position of 4 June 1998 (OJ С
333, 30.10.1998, p. 15) and Decision of the European Parliament of 3
February 1999 (OJ С 150, 28.5.1999, p. 78)
(1) Whereas the Council resolution of 7 May 1990 <*> on waste
policy welcomes and supports the Community strategy document and
invites the Commission to propose criteria and standards for the
disposal of waste by landfill;
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<*> OJ C 122, 18.5.1990, p. 2.
(2) Whereas the Council resolution of 9 December 1996 on waste
policy considers that, in the future, only safe and controlled
landfill activities should be carried out throughout the Community;
(3) Whereas the prevention, recycling and recovery of waste
should be encouraged as should the use of recovered materials and
energy so as to safeguard natural resources and obviate wasteful use
of land;
(4) Whereas further consideration should be given to the issues
of incineration of municipal and non-hazardous waste, composting,
biomethanisation, and the processing of dredging sludges;
(5) Whereas under the polluter pays principle it is necessary,
inter alia, to take into account any damage to the environment
produced by a landfill;
(6) Whereas, like any other type of waste treatment, landfill
should be adequately monitored and managed to prevent or reduce
potential adverse effects on the environment and risks to human
health;
(7) Whereas it is necessary to take appropriate measures to avoid
the abandonment, dumping or uncontrolled disposal of waste; whereas,
accordingly, it must be possible to monitor landfill sites with
respect to the substances contained in the waste deposited there,
whereas such substances should, as far as possible, react only in
foreseeable ways;
(8) Whereas both the quantity and hazardous nature of waste
intended for landfill should be reduced where appropriate; whereas the
handling of waste should be facilitated and its recovery enhanced;
whereas the use of treatment processes should therefore be encouraged
to ensure that landfill is compatible with the objectives of this
Directive; whereas sorting is included in the definition of treatment;
(9) Whereas Member States should be able to apply the principles
of proximity and self-sufficiency for the elimination of their waste
at Community and national level, in accordance with Council Directive
75/442/EEC of 15 July 1975 on waste <*> whereas the objectives of this
Directive must be pursued and clarified through the establishment of
an adequate, integrated network of disposal plants based on a high
level of environmental protection;
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<*> OJ L 194, 25.7.1975, p. 39. Directive as last amended by
Commission Decision 96/350/EC (OJ L 135, 6.6.1996, p. 32).
(10) Whereas disparities between technical standards for the
disposal of waste by landfill and the lower costs associated with it
might give rise to increased disposal of waste in facilities with low
standards of environmental protection and thus create a potentially
serious threat to the environment, owing to transport of waste over
unnecessarily long distances as well as to inappropriate disposal
practices;
(11) Whereas it is therefore necessary to lay down technical
standards for the landfill of waste at Community level in order to
protect, preserve and improve the quality of the environment in the
Community;
(12) Whereas it is necessary to indicate clearly the requirements
with which landfill sites must comply as regards location,
conditioning, management, control, closure and preventive and
protective measures to be taken against any threat to the environment
in the short as well as in the long-term perspective, and more
especially against the pollution of groundwater by leachate
infiltration into the soil;
(13) Whereas in view of the foregoing it is necessary to define
clearly the classes of landfill to be considered and the types of
waste to be accepted in the various classes of landfill;
(14) Whereas sites for temporary storage of waste should comply
with the relevant requirements of Directive 75/442/EEC;
(15) Whereas the recovery, in accordance with Directive 75/
442/EEC, of inert or non-hazardous waste which is suitable, through
their use in redevelopment/restoration and filling-in work, or for
construction purposes may not constitute a landfilling activity;
(16) Whereas measures should be taken to reduce the production of
methane gas from landfills, inter alia, in order to reduce global
warming, through the reduction of the landfill of biodegradable waste
and the requirements to introduce landfill gas control;
(17) Whereas the measures taken to reduce the landfill of
biodegradable waste should also aim at encouraging the separate
collection of biodegradable waste, sorting in general, recovery and
recycling;
(18) Whereas, because of the particular features of the landfill
method of waste disposal, it is necessary to introduce a specific
permit procedure for all classes of landfill in accordance with the
general licensing requirements already set down in Directive
75/442/EEC and the general requirements of Directive 96/61/EC
concerning integrated pollution prevention and control <*> whereas the
landfill site`s compliance with such a permit must be verified in the
course of an inspection by the competent authority before the start of
disposal operations;
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<*> OJ L 257, 10.10.1996, p. 26.
(19) Whereas, in each case, checks should be made to establish
whether the waste may be placed in the landfill for which it is
intended, in particular as regards hazardous waste;
(20) Whereas, in order to prevent threats to the environment, it
is necessary to introduce a uniform waste acceptance procedure on the
basis of a classification procedure for waste acceptable in the
different categories of landfill, including in particular standardised
limit values; whereas to that end a consistent and standardised system
of waste characterisation, sampling and analysis must be established
in time to facilitate implementation of this Directive; whereas the
acceptance criteria must be particularly specific with regard to inert
waste;
(21) Whereas, pending the establishment of such methods of
analysis or of the limit values necessary for characterisation, Member
States may for the purposes of this Directive maintain or draw up
national lists of waste which is acceptable or unacceptable for
landfill, or define criteria, including limit values, similar to those
laid down in this Directive for the uniform acceptance procedure;
(22) Whereas for certain hazardous waste to be accepted in
landfills for non-hazardous waste acceptance criteria should be
developed by the technical committee;
(23) Whereas it is necessary to establish common monitoring
procedures during the operation and after-care phases of a landfill in
order to indentify any possible adverse environmental effect of the
landfill and take the appropriate corrective measures;
(24) Whereas it is necessary to define when and how a landfill
should be closed and the obligations and responsibility of the
operator on the site during the after-care period;
(25) Whereas landfill sites that have been closed prior to the
date of transposition of this Directive should not be subject to its
provisions on closure procedure;
(26) Whereas the future conditions of operation of existing
landfills should be regulated in order to take the necessary measures,
within a specified period of time, for their adaptation to this
Directive on the basis of a site-conditioning plan;
(27) Whereas for operators of existing landfills having, in
compliance with binding national rules equivalent to those of Article
14 of this Directive, already submitted the documentation referred to
in Article 14 (a) of this Directive prior to its entry into force and
for which the competent authority authorised the continuation of their
operation, there is no need to resubmit this documentation nor for the
competent authority to deliver a new authorisation;
(28) Whereas the operator should make adequate provision by way
of a financial security or any other equivalent to ensure that all the
obligations flowing from the permit are fulfilled, including those
relating to the closure procedure and after-care of the site;
(29) Whereas measures should be taken to ensure that the price
charged for waste disposal in a landfill cover all the costs involved
in the setting up and operation of the facility, including as far as
possible the financial security or its equivalent which the site
operator must provide, and the estimated cost of closing the site
including the necessary after-care;
(30) Whereas, when a competent authority considers that a
landfill is unlikely to cause a hazard to the environment for longer
than a certain period, the estimated costs to be included in the price
to be charged by an operator may be limited to that period;
(31) Whereas it is necessary to ensure the proper application of
the provisions implementing this Directive throughout the Community,
and to ensure that the training and knowledge acquired by landfill
operators and staff afford them the necessary skills;
(32) Whereas the Commission must establish a standard procedure
for the acceptance of waste and set up a standard classification of
waste acceptable in a landfill in accordance with the committee
procedure laid down in Article 18 of Directive 75/442/EEC;
(33) Whereas adaptation of the Annexes to this Directive to
scientific and technical progress and the standardisation of the
monitoring, sampling and analysis methods must be adopted under the
same committee procedure;
(34) Whereas the Member States must send regular reports to the
Commission on the implementation of this Directive paying particular
attention to the national strategies to be set up in pursuance of
Article 5; whereas on the basis of these reports the Commission shall
report to the European Parliament and the Council;
has adopted this Directive
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Фрагмент документа "ДИРЕКТИВА СОВЕТА N 1999/31/ЕС ПО ПОЛИГОНАМ ЗАХОРОНЕНИЯ ОТХОДОВ".