Afvalrichtlijnen: procedures gestart tegen acht lidstaten (en)

The European Commission is acting to protect Europe's environment by pursuing infringement proceedings against France, Ireland, Greece, Italy, Portugal, Belgium, the United Kingdom and Finland for failing to comply with EU waste laws. The laws in question are on general waste management, hazardous waste, landfills, mercury in batteries, polychlorinated biphenyls and polychlorinated terphenyls (PCBs and PCTs), packaging waste, waste oil, end-of life vehicles and sewage sludge. The legislation aims to create a harmonised system for the collection, treatment, storage and disposal of waste. The Commission is concerned that by not implementing these laws correctly Member States will face problems such as illegal dumping and poorly managed landfill sites. This can cause serious problems for public health and the environment

Commenting on the decisions, Environment Commissioner Margot Wallström said: "EU waste legislation aims to stop waste from damaging the environment and harming public health. Member States must implement and abide by the relevant legislation, which they have signed up to, if this crucial objective is to be achieved."

Individual cases

Italy

The Commission has taken legal action against Italy in 7 different cases.

On 27 February 2002, the European Court of Justice judged Italy to be in breach of its obligations under the PCB/PCT Directive (see Background section for details) for failing to draw up and communicate to the Commission, by 16 September 1999 at the latest, inventories of equipment with PCB volumes above a specified limit. As PCBs are very toxic and hazardous chemicals the Directive sets strict conditions for the safe handling of them. Italy has also failed to communicate plans for the safe decontamination and disposal of equipment to be in the inventory and outlines for the collection and disposal of equipment not subject to inventory (C-2001/046). Since then, Italy has sent the Commission a summary of inventories but has not yet communicated valid plans and outlines for the decontamination and disposal of equipment containing PCBs. The Commission has, therefore, decided to send Italy a second written warning, under Article 228 of the EC Treaty, for failing to comply with the Court ruling. Proceedings under Article 228 can result in substantial fines being imposed on Member States that fail to implement the rulings of the Court.

In two separate cases, Italy is also to be referred to the Court of Justice for failing to comply fully with the requirements of the Waste Framework Directive. The cases relate to an abandoned municipal waste landfill in Campolungo (Ascoli Piceno) and a number of waste deposits in and around a former chemical plant in Manfredonia.

A final written warning has been sent to Italy because operators at the Malagrotta landfill site (in Rome - one of the largest landfills in Europe) have failed to provide a conditioning plan, as the Landfill Directive requires. As the landfill was already operating when the Landfill Directive came into force, a conditioning plan is necessary to decide whether or not the landfill fulfills the conditions to continue to operate or not.

Italy has also received a final written warning in connection with a landfill in Cà di Capri (Verona), which is illegally disposing of hazardous waste (PCBs) without a permit.

Finally, Italy has been sent a final written warning in connection with two other cases concerning problems with the defination of waste in Italian legislation. One concerns waste in general and the other waste from agri-food production. In each case, Italian legislation excludes waste destined for reuse in a production cycle from the definition of waste, which is not in accordance with EU waste legislation (especially the Waste Framework Directive). Despite a past judgement of the Court in 1997, Italian legislation on the definition of waste is still not in compliance with the Directive because it excludes several waste recovery operations from the system of controls set up under the Directive.

Portugal

The Commission has decided to refer Portugal to the Court of Justice, since Portugal has missed the 21 April 2002 deadline for transposing the End-Of Life Vehicles Directive (see Background section for further details) into national law. Despite two reminders from the Commission, Portugal has still not adopted and communicated the necessary measures.

The Commission has also sent Portugal a final written warning following the investigation of a complaint that the Sewage Sludge Directive was not being implemented correctly in the Azores. More specifically, regional legislation is inadequate and does not ensure the analysis of sewage sludge, the maintenance of records and the prohibition of certain uses of sewage sludge.

France

On 2 May 2002, the Court of Justice condemned France for failing to adopt waste management plans in compliance with the Framework Waste Directive, the Hazardous Waste Directive and the Packaging Waste Directive (Case C-1999/292). Problems still persist. There is a lack of waste management plans covering the departements of Paris, Meurthe-et-Moselle, Tarn-et-Garonne and Nord and the regions of Corsica, Guadeloupe and French Guyana. There are also gaps in certain waste management plans, for example with regard to clinical waste in Brittany, Haute-Normandie and island of Réunion. The Commission has, therefore, sent France a first written warning under Article 228 of the Treaty. Failure to comply with Court rulings could result in substantial fines being imposed on the Member State.

France is also to be referred to the Court of Justice, under Article 226 of the Treaty, for failing to bring an unauthorised landfill at St Laurent du Maroni, in French Guyana, in line with the Framework Waste Directive. The Directive requires that all landfills obtain a permit in order to operate. This helps ensure that they operate under proper conditions, are adequately controlled, and do not put public health and the environment at risk.

France will also receive a final written warning, under Article 226 of the Treaty, for failing to comply with specific provisions of the Framework Waste Directive. This failure is connected with the disposal of waste at a landfill (Décharge de la Bistade) in the Pas de Calais. Contrary to the Directive, France has failed to ensure that the disposal of waste at this landfill does not cause environmental problems. More specifically, the landfill poses a serious odour nuisance.

Greece

The Commission has decided to refer Greece to the Court of Justice because of the large number of illegal or uncontrolled waste disposal sites that receive waste in Greece. The Greek authorities are implementing new regional plans to reduce the large number of sites that are still operating illegally, and have stated that they have already reduced the number of illegal sites still operating from 2,810 at the end of 2001 to 1,458 in May 2002. However, despite the efforts made by the Greek authorities, the problem still persists. Up to 44% of domestic waste in Greece is disposed of at illegal facilities. Large quantities of waste are being disposed of illegally, thereby endangering human health and the environment.

Following the investigation of a complaint, the Commission has also sent Greece a final written warning with regard to illegal waste disposal at Paiania, in eastern Attica, and an unauthorised landfill in the village of Maroulas, Crete.

In addition, Greece is to receive a final written warning because of unsatisfactory treatment of sewage sludge from a waste water treatment plant on the island of Psittalia.

Belgium

Belgium is to be referred to the Court of Justice for failing to adopt measures that prioritise the processing of waste oils by regeneration where there is no technical, economic or organisational constraint to prevent it. The Commission believes that this is contrary to the Waste Oils Directive.

Ireland

The Commission has sent Ireland a final written warning for failing to bring its legislation into line with the requirements of the Framework Waste Directive in relation to urban waste water treatment plants. More specifically, Ireland does not submit urban waste water treatment plants to the system of permits required by this Directive. The system set out in the Directive, among other things, allows the odours from these plants to be regulated and controlled.

Finland

The Commission has decided to refer Finland to the Court of Justice for failing to transpose the requirement of the Packaging Waste Directive that return, collection and recovery systems be open and non-discriminating. Finland aims to modify its law to transpose this requirement, but the relevant provisions have not yet been adopted.

United Kingdom

On 24 January 2002, the Court of Justice condemned the United Kingdom for failing to adopt waste management plans in compliance with the Framework Waste Directive, the Hazardous Waste Directive and the Packaging Waste Directive (Case C-2000/35). Although the UK has made considerable progress in answering the judgement of the Court, some new local waste plans for England, Scotland and Wales that were adopted in the period since 1995 have still to be communicated to the Commission. The Commission has, therefore, sent the UK a first written warning under Article 228 of the Treaty. Failure to comply with Court rulings could result in substantial fines being imposed on the Member State.

Legislation

The Waste Framework Directive

In 1975, the EU adopted what is known as the Waste Framework Directive⁽¹⁾. This Directive lays down basic requirements for Member States with regard to handling waste and defines what is meant by "waste". Member States must ensure that the disposal and recovery of waste does not present a risk to water, air, soil, plants and animals. Furthermore, they must not allow waste disposal to constitute a public nuisance through excessive noise levels or unpleasant odours, or to degrade places of special natural interest. Member States must prohibit the dumping or uncontrolled disposal of waste. They must also establish an integrated and effective network of waste disposal plants, prepare waste management plans, ensure that those who store waste handle it properly, and ensure that waste treatment operations receive a permit (a license). Waste collectors must have special authorisation to operate or be registered. Companies carrying out waste collection or disposal must undergo periodic inspections. They must also keep records of the waste that they handle. The deadline for implementing the original Directive was 1977. Amendments aimed at strengthening and clarifying the 1977 Directive came into force in 1993.

The PCBs and PCT Directive

The PCB/PCT Directive⁽²⁾ covers several hazardous chemicals whose toxicity and tendency to bio-accumulate (i.e. accumulate in living tissue) represent a particular threat to the environment and to human health. The aim of the Directive is to ensure the controlled disposal of PCBs in the Member States. In particular, all companies involved in the decontamination and/or the disposal of PCBs, or that use PCBs or equipment containing PCBs, must first obtain a permit. It also sets out requirements with regard to the decontamination or disposal of equipment containing PCBs and the disposal of used PCBs in order to ensure that they are completely eliminated. In particular, it requires Member States to adopt and communicate to the Commission inventories of this equipment with PCB volumes above a specified limit. It also requires Member States to adopt and communicate to the Commission plans for the safe decontamination and disposal of equipment containing PCBs and outlines for the collection and disposal of equipment not subject to an inventory.

The Landfill Directive

The Landfill Directive⁽³⁾ establishes a set of detailed requirements that must be met with regard to waste landfills. In particular, as far as existing landfill sites are concerned, the operator must present to the competent authority, for approval by 16 July 2002, a conditioning plan which indicates how the requirements of the Directive will be met within the required timeframe. The objective is to help prevent or attenuate the negative effects that unacceptable landfill sites can have. These effects include polluted surface water, groundwater, soil and air. Waste landfills can also have a negative impact on the global environment, for example by producing a greenhouse effect and by presenting risks to human health. The Directive also bans certain types of waste from landfill sites, for example used tyres, and requires Member States to reduce the amount of biodegradable waste that they landfill to 35% of 1995 levels. This measure will help reduce the negative impacts of landfilling and promote the recovery of waste.

The End-of-Life Vehicles Directive

The End-of-Life Vehicles Directive⁽⁴⁾ lays down measures with a dual aim: to prevent waste from motor vehicles and vehicle components that have reached the end of their life-cycle and to promote vehicle reuse, recycling and other forms of recovery. Among other things, the Directive sets out to reduce the extent of hazardous chemicals contained in vehicles that impede safe disposal and recovery. It also requires that collection systems be set up to ensure that end-of-life vehicles are effectively and safely disposed of without damaging the environment.

The Waste Oil Directive

The Waste Oil Directive⁽⁵⁾ is designed to create a harmonised system for the collection, treatment, storage and disposal of waste oils, such as lubricant oils for vehicles, oils for various types of engines, gearbox oils etc. The Directive also aims to protect the environment against the harmful effects of such operations. Waste oils are hazardous because they are carcinogenic and, if they end up in rivers, lakes and streams can threaten aquatic life and contaminate soils. The Directive requires Member States to give the highest priority to the regeneration of waste oils in preference to other disposal methods.

The Hazardous Waste Directive

The Hazardous Waste Directive⁽⁶⁾ sets the framework for EU standards for the management of hazardous waste. It complements the Waste Framework Directive, which provides a legislative framework for all types of waste, whether hazardous or not. In particular, it provides the key definitions of what constitutes waste, disposal and recovery. The concept of hazardous waste is defined in the Hazardous Waste Directive and this in turn is linked to a binding list called the Hazardous Waste List.

The Packaging Waste Directive

The Packaging Waste Directive⁽⁷⁾ aims to reduce the environmental impact of packaging and its waste on the environment. It sets percentage targets for the recovery and recycling of packaging waste and requires Member States to set up collection, recycling and recovery schemes for this waste stream.

The Sewage Sludge Directive

The Sewage Sludge Directive⁽⁸⁾ requires quality controls to be carried out on sewage sludge used in agriculture. This above all helps avoid the build-up of heavy metals in soil. The Directive lays down mandatory limit values for the presence of such elements in the soil. It requires that sludge be treated before being used in agriculture and that a certain period of time should elapse between using the sludge and putting stock out to pasture or harvesting fodder crops or crops which are normally in direct contact with the soil and usually consumed raw. The use of sludge on fruit and vegetable crops during the growing season, except for fruit-tree crops, is prohibited.

Legal Process

Article 226 of the Treaty gives the Commission powers to take legal action against a Member State that is not respecting its obligations.

If the Commission considers that there may be an infringement of Community law that warrants the opening of an infringement procedure, it addresses a "Letter of Formal Notice" (first written warning) to the Member State concerned, requesting it to submit its observations by a specified date, usually two months.

In the light of the reply or absence of a reply from the Member State concerned, the Commission may decide to address a "Reasoned Opinion" (or final written warning) to the Member State. This clearly and definitively sets out the reasons why it considers there to have been an infringement of Community law and calls upon the Member State to comply within a specified period, normally two months.

If the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the European Court of Justice.

Article 228 of the Treaty gives the Commission power to act against a Member State that does not comply with a previous judgement of the European Court of Justice. The article also allows the Commission to ask the Court to impose a financial penalty on the Member State concerned.

For current statistics on infringements in general, please visit the following web-site:

http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm#infractions ;

^{(1)Council Directive 75/442/EEC on waste, as amended by Directive 91/156/EEC}

^{(2)Council Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)}

^{(3)Council Directive 1999/31/EC on the landfill of waste}

^{(4)Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles}

^{(5)Council Directive 75/439/EEC on waste oils as amended by Directive 87/101/EEC}

^{(6)Council Directive 91/689/EEC on hazardous waste}

^{(7)European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste}

^{(8)Council Directive 86/278/EEC on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture}