Afvalstortplaatsen: Spanje en Griekenland gedaagd voor EU-Hof (en)
The European Commission has started infringement proceedings against Greece and Spain for failing to comply with EU legislation on general waste management, hazardous waste and landfills. The Commission has sent Greece a first written warning for not complying with a 2002 ruling of the European Court of Justice. This found that Greece had failed to provide the Commission with detailed information on how it manages its hazardous waste. The Commission has also decided to refer Spain to the European Court of Justice for failing to deal adequately with an illegal landfill on La Gomera, one of the Canary Islands. The aim of the EU legislation concerned is to create a harmonised system for the safe collection, treatment, storage and disposal of waste. The Commission is concerned that, if Greece and Spain do not implement these laws correctly, EU citizens and the environment will be exposed to the risks and problems associated with illegal landfills and poor waste management.
Commenting on the action taken, Environment Commissioner Margot Wallström said: "EU waste legislation aims to prevent waste from damaging the environment and harming public health. I urge Greece to speedily provide the necessary information on how it deals with hazardous waste. I also urge Spain to protect the people and environment of La Gomera by correctly managing its local waste."
Greece
On 13 June 2002, Greece was condemned by the European Court of Justice for failing to provide the Commission with sufficient information on how it manages hazardous waste (Case C-33/01). The Hazardous Waste Directive(1) requires Member States to provide the Commission with detailed information on how they dispose of and recover hazardous waste. The Greek authorities provided information, giving details of hazardous wastes, but only for a small number of the facilities concerned. Since the Court ruling, the Greek authorities have provided additional information. However, the information provided is still incomplete. Detailed data are still lacking for facilities handling nearly 60% of the hazardous waste (231,340 tonnes) generated in Greece. In addition, there is a lack of information on small plants which recycle lead batteries.
Spain
After having investigated a complaint, the Commission has decided to refer Spain to the Court of Justice for failing to close and rehabilitate an illegal landfill operation on La Gomera. The landfill at Punta Avalos handles the urban waste of San Sebastián de La Gomera, the capital of the island. It has been operating for many years and is located within an important nature conservation site. The key requirements for the safe and controlled handling of waste set out in the Waste Framework(2), Hazardous Waste and Landfill Directives(3) (see below) have not been respected at Punta Avalos.
Legislation
The Waste Framework Directive
In 1975, the EU adopted what is known as the Waste Framework Directive. 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 licence). Waste collectors must have special authorisation to operate or be registered. Companies carrying out waste collection or disposal must undergo periodical 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 Landfill Directive
The Landfill Directive 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 were required to present to the competent authority, for approval by 16 July 2002, a plan indicating 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 Hazardous Waste Directive
The Hazardous Waste Directive 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 hazardous waste, disposal and recovery. The concept of hazardous waste is defined and linked to a binding list of dangerous substances called the Hazardous Waste List.
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 EU 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 after 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 EU 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 91/689/EEC on hazardous waste
(2)Council Directive 75/442/EEC on waste, as amended by Directive 91/156/EEC
(3)Council Directive 1999/31/EC on the landfill of waste