THE EXPERIENCE OF LEGAL REGULATION OF WASTE MANAGEMENT OF EU COUNTRIES
Journal Title: Вчені записки Таврійського національного університету імені В. І. Вернадського. Серія: Юридичні науки - Year 2018, Vol 29, Issue 6
Abstract
The article is devoted to the study of the experience of European countries in waste management. The legislation on waste of Germany, Italy and France are investigated. In particular, special attention is paid to the stages of its formation and priority areas. Thus, it is found that the Law On stimulation of the closed-loop economy and ensuring environmentally sound management of wastes dated September 27, 1994 (Kreislaufwirtschaftsgesetz) carries out the legal regulation of waste in Germany. Such legal regulation also is carried out by the Federal regulations, regulations on certain issues of waste management, by the Laws on the waste of federal lands, by the normative acts on waste of districts and statutes of municipalities and by the relevant EU legislation. The main act on the waste of the federal level is the Law “On the Economy of the Closed Loop”, which contains the concept of waste, its classification, the main objectives of the waste management system etc. Italian legislation on waste management has evolved as follows. Decree of the President of the Republic dated September 10, 1982, No. 915, defining the concept of waste, their classification and the principles of waste management. After the abolition of the said Decree, the Legislative Decree of 5 February 1997, No. 22, more known as the Law of Ronki, was adopted. The said law is based on the provisions of European Directives: No. 91/156/EEC on waste, No. 91/689/EEC on hazardous waste and No. 94/62/EC on packaging and packaging waste. In the said law, the strategy of reduction, reuse, separate collection, recovery of energy was fixed. The Legislative Decree “Norms in the Environment” of 3 April 2006, No. 152, also known as Testo Unica Ambiente, abolished the Ronchi Law. It introduces a new definition of waste, provides a new classification of waste. Waste management in France basis on the Ecological Code of France, which is the main act in this area. It defines the concept of waste and end-of-waste, contains a classification of waste, and so on. The strategic objectives of France in the field of waste management are also enshrined in the Law “On the New Territorial Organization of the Republic” No. 2015-991 dated August 7, 2015, the Law “On the Transition of Energy to Environmental Growth” No. 2015-992 dated August 17, 2015, etc. Some waste management practices of Europe is analyzed, in particular considered the Duales System Deutschland (DSD). It concerns the collection and disposal of used commercial packaging associated with households in accordance with the provisions of the German Packaging Regulation of 12 June 1991. In addition, it is made suggestions on the improvement of domestic legislation in the field of waste management.
Authors and Affiliations
Д. С. Шупик
Keywords
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