Afvalrichtlijnen: Procedures tegen zes lidstaten (en)

The European Commission is acting to protect Europe's environment by taking legal action against France, Greece, Italy, Spain, Luxembourg and the United Kingdom for failing to comply with EU waste laws. The laws in question are on general waste management, hazardous waste, waste oils, landfills and the hazardous chemicals PCBs (polychlorinated biphenyls). The legislation aims to create an efficient and 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. The principles of this legislation have been in place for many years. It is therefore completely unacceptable that so much waste is still being disposed of in an illegal and uncontrolled way in parts of the EU."

Individual cases

Italy

The Commission has taken legal action against Italy concerning 4 different cases.

In two cases, Italy is to be referred to the Court of Justice for inconsistencies with the definition of waste in Italian legislation.

One case concerns waste in general. An Italian law of 2002 says that several materials which are left over in production and consumption cycles are not to be classified as waste. This contradicts the EU's definition of waste set out in the Waste Framework Directive and undermines corresponding waste legislation. For instance, the Italian law excludes large quantities of recoverable waste from the system of controls set out in the Directive. This also limits the ability to control shipments of waste to and from Italy, in accordance with its international and EU obligations.

The second case to be referred to the Court relates to a national law of 2001 that excludes excavated soils and stones destined for reuse from the definition of waste. This law also goes against EU waste legislation, in particular the Waste Framework Directive.

Italy has received a final written warning because of numerous illegal or uncontrolled landfills on its territory. At least 4866 such landfills were identified as existing or as being in operation in Italy in 2002. 3836 of these have apparently not undergone any action to prevent environmental damage to soil, water and air. 705 are believed to contain hazardous waste. All areas of Italy are affected to a varying degree. Illegal and uncontrolled landfills contravene EU waste legislation (especially the Waste Framework Directive, the Directive on Hazardous Waste and the Landfill Directive).

Italy has also received a final written warning concerning pollution caused by an illegal landfill in Lodi (Lombardy).

Spain

The Commission has decided to refer Spain to the Court of Justice because of an illegal landfill site at Olvera, Cadiz, where there is no waste treatment system, and where water filters through caves to the Salado stream. This poses a threat to the quality of underground waters. There are also problems with permit and inspection requirements, which are set out in the Waste Framework Directive. The Commission considers that the landfill should be closed and that a decontamination plan should be implemented.

The Commission has also sent Spain a final written warning in connection with an illegal landfill located in the municipalities of Corcubión and Cée in La Coruña in Galicia. According to the Spanish authorities, the landfill is due to be closed and replaced by a new facility. However, confirmation of closure and of the establishment of aftercare arrangements has not been sent to the Commission.

Luxembourg

On 5 December 2002, the Court of Justice condemned Luxembourg for failing to adopt and notify a plan for the collection and disposal of large PCB (polychlorinated biphenyls) containing equipment (Case C-174/01). As Luxembourg has still not notified the required plan, the Commission has sent it a first written warning to comply with the Court ruling. Failure to do so could result in substantial fines being imposed on Luxembourg.

France

The Commission has decided to refer France to the Court of Justice because French legislation to implement the Landfill Directive is incomplete. More specifically, it does not cover inert construction and demolition waste, which is covered by the Directive and therefore also must feature in French legislation.

France is also to be referred to the Court of Justice for failing to adopt certain measures relating to the safe disposal of waste oils, including 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.

The Commission has sent France a final written warning because of numerous illegal or uncontrolled landfills on its territory. The French authorities have acknowledged the existence and operation of approximately 1400 illegal or uncontrolled landfills on its territory in 2001. While the French authorities are taking measures to deal with the problem, these fall short of the requirements of the Waste Framework Directive and the Landfill Directive.

Greece

Following the investigation of a complaint, the Commission has decided to refer Greece to the Court of Justice in connection with illegal waste disposal at Paiania, in eastern Attica. While Greece appears to be taking general steps to improve waste management in this region, the problems of illegal disposal persist.

United Kingdom

The Commission has sent the UK a final written warning because it is not satisfied that the UK respects EU waste legislation concerning the disposal of amalgam waste from dental surgeries. This follows investigation of a complaint that, in the UK, amalgam filters or separators are not used in practice, with the result that a high proportion of toxic mercury-containing amalgam leaks into the environment. The investigation revealed weaknesses in the UK's implementation of the Waste Framework and Hazardous Waste Directives in relation to this type of waste. More specially, amalgam waste is not treated as hazardous waste, as EU rules require. The UK authorities promise the adoption of new legislation, but this has not yet been notified to the Commission.

Legislation

The Waste Framework Directive

In 1975, the EU adopted 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 licence). 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 creating greenhouse gases 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⁽⁴⁾ sets 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 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.

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 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" (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 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) ;Council Directive 91/689/EEC on hazardous waste}

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