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ClientEarth Communications

17th March 2017

Rule of law
Access to Justice for a Greener Europe

Commission reports on implementation of waste directives over four years late

Commission, Report on the implementation of several waste directives, COM (2017) 88

The Commission published a report on the implementation of the Waste Framework Directive (2008/98), sewage sludge (86/278), packaging and packaging waste (94/62), electrical and electronic waste (2002/96), batteries (2006/66) and landfills (1999/31). The report is based on Member States' implementation reports and covers the period 2010 - 2012. Ludwig Kramer comments.

The information published is more than general; it is vague and does not allow the reader to draw precise conclusions. A typical example is the following phrase: "The number of non-compliant landfills in operation of all waste-streams (hazardous, non-hazardous and inert) remains a matter of concern in certain Member States. This was also the case in the previous reporting period. A lot needs to be done to tackle the problem". The Commission seems to forget that its function is to ensure the application of EU law (Article 19 TEU), not to lament about its non-application.

Generally, it may be asked whether it is useful to publish an implementation report more than four years late, including on a directive which is no longer in force (2002/96). This is rightly seen - also by the Commission itself - as creating an undue burden for Member States.