The mere extension of the operating period of waste disposal at a landfill does not constitute a substantial change of the installation’s permit and does not require the involvement of the parties to the procedure, the Court of Justice of the European Union ruled on Thursday 2 June (Case C-43/21).
A Czech environmental association and the Prague city district, where a landfill is located, have filed an appeal against a decision by the Czech Ministry of the Environment to extend the operating period of waste disposal at a landfill by 2 years. In their view, the extension of this operating period substantially modifies its operating permit and entitles the public concerned to participate, in accordance with the directive on industrial emissions (2010/75).
The Czech Supreme Administrative Court referred the matter to the EU Court of Justice, which ruled against the complainant. The Court recalls that, under the terms of the directive, the extension and modification of the characteristics or operation of an installation constitute a substantial change to it, provided that such measures have a significant negative impact on human health or the environment.
However, the extension of the operation of a landfill does not change the perimeter of the landfill or its storage capacity as foreseen in the original permit. And the directive does not require the initial permit to specify the duration of the operation of the landfill.
The Court concludes that Member States are not obliged to require the operator of a landfill to apply for a new permit when only considering an extension within the limits of the storage capacity already permitted. In such a case, the directive does not give the public concerned a right to participate in the procedure for granting the extension or to challenge its legality in court.
See the Court’s judgment: https://aeur.eu/f/1xc (Original version in French by Mathieu Bion)