MoreThanWaste.com - European Commission starts legal action against UK (26/03/2007)

" The Commission's checks have revealed many shortcomings in compliance with the rules on waste landfills in virtually every Member State. The result is that human health and the environment are not being protected as well as they need to be against dangers from the dumping of waste. Eight years after the landfill directive was adopted it is high time for all Member States to rectify this situation without further delay"

Stavros Demas, European Commissioner for Environment

The European Commission has decided to start legal action against the UK and 13 other Member States for inadequately transposing the EU's legislation on the landfilling of waste into their national law.

First warning letters are being sent to Cyprus, Czech Republic, Denmark, Estonia, Finland, Ireland, Lithuania, Malta, Poland, Slovakia, Slovenia, Spain, Sweden and the UK.

The Landfill Directive governs operation of landfill sites and is a key measure to protect human health and the environment against potential hazards from waste.

The Commission says it has carried out a check on the legislation of all EU-25 Member States to assess conformity with the Landfill Directive (Directive 1999/31/EC on the landfill of waste).

According to the Commission, in each of the 14 Member States which are to receive first warnings, various provisions have not been fully transposed into national or regional law.

The Commission took the same action last December against Austria, Belgium, France, Germany, Luxembourg, the Netherlands and Portugal.

Stavros Dimas, EC Environment Commissioner

Though specifics are not given for the UK by the Commission's statement, common problems identified in the 14 Member States are said to include incomplete, incorrect or non-transposition of:

the definitions, for instance of different types of waste and storage methods
the scope, including the types of waste that may be exempted
requirements concerning which types of waste can be sent to which classes of landfill
requirements concerning the content of operating permits for landfills
the requirement that the prices charged by the operator for use of a landfill must cover all costs, including after-care costs for at least 30 years after closure
requirements concerning procedures that must be undertaken before waste can be accepted at a landfill
requirements concerning the continued operation of existing landfills.
Landfill Directive

The Landfill Directive

The Landfill Directive, adopted in 1999, establishes a set of detailed rules with which waste landfills must comply. The objective is to prevent or minimise the negative effects that landfill sites can have, such as pollution of water, soil and air, and emissions of methane, a powerful greenhouse gas.

The directive also helps to promote the recovery and recycling of waste. In particular, it bans certain types of waste from being put in landfill sites, for example used tyres, and requires Member States to reduce the amount of biodegradable waste they landfill to 35% of 1995 levels by 2016 (2020 with the derogation available to the UK).

Formal Legal Process

Under Article 226 of the Treaty, the Commission has powers to take legal action against a Member State that is not fulfilling its obligations.

Should the Commission consider that an infringement of EU law may occur, it may address 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.

Dependent on the response, or lack of it, the Commission could 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, usually two months.

In the next step along the path, if the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the Court of Justice. Should the Court of Justice find that the Treaty has been infringed, the Member State concerned is required to take the measures necessary to conform.

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. Article 228 also allows the Commission to request the Court to impose a financial penalty on the Member State concerned.

Comments

Stavros Dimas, European Commissioner for Environment, said:

"The Commission's checks have revealed many shortcomings in compliance with the rules on waste landfills in virtually every Member State. The result is that human health and the environment are not being protected as well as they need to be against dangers from the dumping of waste. Eight years after the landfill directive was adopted it is high time for all Member States to rectify this situation without further delay."


	European Commission starts legal action against UK (26/03/2007) " The Commission's checks have revealed many shortcomings in compliance with the rules on waste landfills in virtually every Member State. The result is that human health and the environment are not being protected as well as they need to be against dangers from the dumping of waste. Eight years after the landfill directive was adopted it is high time for all Member States to rectify this situation without further delay" Stavros Demas, European Commissioner for Environment The European Commission has decided to start legal action against the UK and 13 other Member States for inadequately transposing the EU's legislation on the landfilling of waste into their national law. First warning letters are being sent to Cyprus, Czech Republic, Denmark, Estonia, Finland, Ireland, Lithuania, Malta, Poland, Slovakia, Slovenia, Spain, Sweden and the UK. The Landfill Directive governs operation of landfill sites and is a key measure to protect human health and the environment against potential hazards from waste. The Commission says it has carried out a check on the legislation of all EU-25 Member States to assess conformity with the Landfill Directive (Directive 1999/31/EC on the landfill of waste). According to the Commission, in each of the 14 Member States which are to receive first warnings, various provisions have not been fully transposed into national or regional law. The Commission took the same action last December against Austria, Belgium, France, Germany, Luxembourg, the Netherlands and Portugal. Stavros Dimas, EC Environment Commissioner Though specifics are not given for the UK by the Commission's statement, common problems identified in the 14 Member States are said to include incomplete, incorrect or non-transposition of: the definitions, for instance of different types of waste and storage methods the scope, including the types of waste that may be exempted requirements concerning which types of waste can be sent to which classes of landfill requirements concerning the content of operating permits for landfills the requirement that the prices charged by the operator for use of a landfill must cover all costs, including after-care costs for at least 30 years after closure requirements concerning procedures that must be undertaken before waste can be accepted at a landfill requirements concerning the continued operation of existing landfills. Landfill Directive The Landfill Directive The Landfill Directive, adopted in 1999, establishes a set of detailed rules with which waste landfills must comply. The objective is to prevent or minimise the negative effects that landfill sites can have, such as pollution of water, soil and air, and emissions of methane, a powerful greenhouse gas. The directive also helps to promote the recovery and recycling of waste. In particular, it bans certain types of waste from being put in landfill sites, for example used tyres, and requires Member States to reduce the amount of biodegradable waste they landfill to 35% of 1995 levels by 2016 (2020 with the derogation available to the UK). Formal Legal Process Under Article 226 of the Treaty, the Commission has powers to take legal action against a Member State that is not fulfilling its obligations. Should the Commission consider that an infringement of EU law may occur, it may address 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. Dependent on the response, or lack of it, the Commission could 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, usually two months. In the next step along the path, if the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the Court of Justice. Should the Court of Justice find that the Treaty has been infringed, the Member State concerned is required to take the measures necessary to conform. 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. Article 228 also allows the Commission to request the Court to impose a financial penalty on the Member State concerned. Comments Stavros Dimas, European Commissioner for Environment, said: "The Commission's checks have revealed many shortcomings in compliance with the rules on waste landfills in virtually every Member State. The result is that human health and the environment are not being protected as well as they need to be against dangers from the dumping of waste. Eight years after the landfill directive was adopted it is high time for all Member States to rectify this situation without further delay."