Brussels, 26/04/2012 (Agence Europe) - On Thursday 26 April, the European Commission referred Bulgaria, Hungary, Poland and Slovakia to the EU Court of Justice for persistently failing to transpose the EU's Waste Framework Directive into national law. They could also find themselves subject to heavy fines. The decision was made the same day, on the recommendation of Environment Commissioner Janez Potocnik.
The Commission has criticised these four member states for not having fully transposed Directive 2008/98/EC into national legislation. The directive sets out the legal framework for processing waste in the EU, together with appropriate targets. It introduces waste management principles such as the “polluter pays” principle and lays down a binding hierarchy for managing waste. Member states are to prioritise prevention, followed by reuse, recycling, and other recovery, with disposal as the least favoured option.
The deadline for member states to transpose the directive was December 2010. Infringement procedures were initiated against 23 member states for infringing this legislation but this has not yet had an effect on Bulgaria, Hungary, Poland and Slovakia, despite receiving a reasoned opinion in 2011 (procedures have not had an effect on Germany either, which received a reasoned opinion on 26 January 2012, nor on Belgium, which will soon be receiving another reasoned opinion).
The penalties take into account the seriousness and duration of the infringements and are therefore high. They consist of daily penalty payments, which the Commission has asked the Court to be paid from the date of the judgment - assuming the countries are still not compliant - until transposition is completed. The financial penalty payments requested are as follows: Bulgaria, €15,220 per day; Hungary, €27,316 per day; Poland, €67,314 per day; Slovakia, €17,136 per day. It is hoped that this will encourage the member state in question to meet their legal obligations.
If Belgium fails to adopt and communicate the necessary legislation within two months, the Commission may also refer the case to the EU Court of Justice and ask for financial penalties to be imposed. The financial penalties that the Commission can now request from the first Court referral are applicable from the day the Court pronounces its ruling. (AN/transl.fl)