Report from the Commission to the Council and the European Parliament on implementation of the community waste legislation Directive 75/442/EEC on waste, Directive 91/689/EEC on hazardous waste, Directive 75/439/EEC on waste oils, Directive 86/278/EEC on sewage sludge, Directive 94/62/EC on packaging and packaging waste and Directive 1999/31/EC on the landfill of waste for the period 2001-2003 {SEC(2006)972}
Date: 2006-07-19
Institutions: European Commission
Subjects: application of EU law, environmental protection, national implementing measure, packaging product, report, sewage sludge, used oil, waste management

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.7.2006 
COM(2006) 406 final 

REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN 
PARLIAMENT 

ON IMPLEMENTATION OF THE COMMUNITY WASTE LEGISLATION 
Directive 75/442/EEC on waste, 
Directive 91/689/EEC on hazardous waste, 
Directive 75/439/EEC on waste oils, 
Directive 86/278/EEC on sewage sludge,  
Directive 94/62/EC on packaging and packaging waste and 
Directive 1999/31/EC on the landfill of waste  

FOR THE PERIOD 2001-2003 

{SEC(2006)972} 

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1. 

INTRODUCTION 

The aim of this report is to inform the other Community institutions, the Member States and 
the  public  about  implementation  of  the  EU  waste  legislation  (Directives  75/442/EEC, 
91/689/EEC,  75/439/EEC,  86/278/EEC,  94/62/EC  and  1999/31/EC)  over  the  period  2001-
2003. 

These six Directives are quite different in content and structure. Directives 75/442/EEC and 
91/689/EEC lay down general basic provisions for all waste and hazardous waste; Directive 
1999/31/EC  deals  with  one  specific  treatment  method  –  landfilling;  and  Directives 
75/439/EEC,  86/278/EEC  and  94/62/EC  set  out  requirements  for  specific  waste  streams  – 
waste  oils,  sewage  sludge  and  packaging  waste  –  each  with  different  characteristics  and 
management issues. 

The report was drawn up in line with Article 5 of Directive 91/692/EEC1 standardising and 
rationalising reports on the implementation of certain Directives relating to the environment. 
It  is  based  on  information  supplied  by  the  Member  States  and  is  accompanied  by  a 
Commission  staff  working  document  which  gives  fuller  details  of  the  information  and  data 
received from them. 

Overall,  further  progress  has  been  made  but  implementation  of  the  waste  legislation  still 
cannot  be  considered  satisfactory,  as  demonstrated  by  the  large  number  of  infringement 
procedures  concerning  waste.  Significant  efforts  therefore  need  to  be  made  towards  full 
implementation,  especially  in  the  form  of  promoting  waste  prevention  and  recycling.  These 
issues in particular are now addressed by the recently adopted EU Thematic Strategy on waste 
prevention and recycling2, which focuses on the environmental impact of waste and on life-
cycle thinking in waste management. 

2. 

DIRECTIVE  75/442/EEC  ON  WASTE,  AS  AMENDED  BY  DIRECTIVE 
91/156/EEC 

Directive  75/442/EEC3  establishes  the  basic  legal  framework  on  waste  management  at 
Community level. It mainly addresses in particular: the definition of waste; the hierarchy of 
waste  management  principles;  the  principle  of  proximity  and  self-sufficiency  for  waste 
disposal; waste management planning; permits for establishments and undertakings carrying 
out  disposal  and  recovery  operations;  inspections  by  competent  authorities;  record-keeping 
requirements; the polluter-pays principle; and reporting requirements. 

All  Member  States  have  confirmed  that  they  have  provided  the  Commission  with  details  of 
the laws and regulations in force to incorporate the Directive into their national law. 

Correct  implementation  of  the  definition  of  waste  is  of  key  importance  to  ensure  that 
Member  States  properly  fulfil  their  waste  management  obligations  under  this  Directive  and 
other waste legislation. The European List of Wastes was established in consolidated form by 

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2 
3 

OJ L 377, 23.12.1991, p. 48. 
COM(2005) 666 final, 21.12.2005. 
OJ L 194, 25.7.1975, p. 47. Directive amended by Directive 91/156/EEC (OJ L 78, 26.3.1991, p. 32). 

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Commission  Decision  2000/532/EC,  as  amended  in  20014.  During  the  reporting  period  a 
number  of  infringement  procedures  and  Court  cases  considered  the  implementation  of  the 
definition of waste (in Italy, the UK and Austria, and other relevant cases). 

To date all Member States have drawn up and notified waste management plans  based on 
the Directive. Several Member States indicated that they had collaborated with and consulted 
other Member States when drawing up their plans. Some Member States reported cases where 
they had to take measures to prevent movements of waste which were not in accordance with 
their waste management plans. 

Measures have been taken on waste prevention but there is insufficient information on their 
impact. 

Most Member States reported that they had attained a high degree of self-sufficiency in waste 
disposal,  on  around  99%,  which  in  essence  echoes  the  position  indicated  in  the  previous 
implementation report covering the period 1998-2000. 

According  to  the  data  on  waste  generation  and  treatment  in  EU-15,  domestic  waste 
generation has grown to 580 kg per person per year. As for treatment, recycling has further 
increased  to  an  average  of  32%,  although  recycling  rates  vary  widely  between  the  Member 
States (from 8% to 56%); landfilling has declined slightly but remains the dominant method 
(44% on average). Incineration, primarily with energy recovery, is a major treatment option 
for  certain  Member  States.  Generation  of  hazardous  waste  has  also  increased  to  120 kg  per 
person  per  year;  landfilling  was  again  the  dominant  treatment  method  (26%  on  average), 
while the mean recycling rate was 21%. 

Several Member States informed the Commission that they had applied the exemptions from 
the permit requirements allowed by the Directive. 

Most Member States have met their record-keeping obligations under Article 14. Some have 
developed producer-related obligations in addition to those for producers of hazardous waste.  

3. 

DIRECTIVE 91/689/EEC ON HAZARDOUS WASTE  

Directive  91/689/EEC5  extends  Directive  75/442/EEC  by  establishing  stricter  management 
and  monitoring  requirements  for  hazardous  waste.  It  mainly  addresses  the  definition  of 
hazardous waste; the ban on mixing hazardous waste with other hazardous or non-hazardous 
waste;  specific  permit  requirements  for  establishments  and  undertakings  dealing  with 
hazardous  waste;  periodic  inspections  and  record-keeping  by  producers  of  hazardous  waste; 
appropriate  packaging  and  labelling  of  hazardous  waste  during  collection,  transport  and 
temporary storage; and management plans for hazardous waste. 

All Member States confirmed that they had provided the Commission with details of the laws 
and  regulations  in  force  to  incorporate  Directive 91/689/EEC  on  hazardous  waste  and  the 
waste list (Decision 2000/532/EC, as amended) into their national legislation. 

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Commission Decision 2001/118/EC, OJ L 47, 16.2.2001, p. 1. 
OJ L 377, 31.12.1991, p. 20. 

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Austria  along  with  the  Walloon  region  of  Belgium,  the  Czech  Republic,  Denmark,  Finland, 
Germany, Sweden and the UK notified the Commission, in accordance with Article 1(4), of 
more wastes considered hazardous.  

Austria, Belgium (the Brussels and Flemish regions), the Czech Republic, Finland, Germany, 
Ireland,  the  Netherlands,  Portugal,  Slovenia,  Spain  and  Sweden  have  adopted  measures  to 
distinguish  domestic  from  non-domestic  hazardous  waste  in  line  with  Article  1(5). 
Essentially  these  measures  aim  at  separate  collection  of  certain  hazardous  components 
contained in household waste.  

All  Member  States  reported  that  the  requirements  of  Article  2(1)  on  recording  and 
identifying discharges of hazardous waste had been met.  

The Member States confirmed that the necessary measures had been taken to prevent mixing 
of hazardous waste (Article 2(2)–(4)). The level of detail in the replies varies, however, with 
some Member States only giving the reference to the national legislation and others quoting 
or explaining the rule.  

Italy  has  adopted  exemptions,  as  provided  for  in  Article 3(2)  on  general  national  rules 
replacing permit requirements for recovery operations. In 2005 the UK (England, Scotland 
and Wales) notified amendments to existing exemptions adopted before 27 June 1995. 

All  Member  States  reported  that  appropriate  periodic  inspections  are  carried  out  by  the 
competent authorities, as required by Article 4(1). The frequency varies in most countries and 
depends, amongst other criteria, on the type and quantity of waste and the type of installation. 
Inspection  plans  have  been  drawn  up  in  the  Czech  Republic,  Hungary,  the  Netherlands, 
Slovenia and Sweden. 

Most countries set out in detail the provisions implementing the record-keeping requirements 
laid  down  in  Article  4(2).  The  United  Kingdom  has  not  yet  fully  implemented  the 
requirements for hazardous waste producers. The Brussels and Flemish Regions of Belgium, 
along  with  Germany  and  Ireland,  made  no  mention  of  any  record-keeping  requirements  for 
waste  transporters.  Furthermore,  in  the  Flemish  Region  of  Belgium,  Denmark  and  Portugal 
(extracts of) the recorded information must be sent regularly to the competent authorities. 

The Member States indicated the national measures implementing Article 5(1) to ensure that 
hazardous waste is properly packaged and labelled, and a few gave details of the substance 
of those provisions.  

In most Member States hazardous waste comes under the general waste management plans. 
Slovakia and Spain reported that their hazardous waste management plans were being drawn 
up or revised respectively. 

4. 

DIRECTIVE 75/439/EEC ON THE DISPOSAL OF WASTE OILS 

Directive  75/439/EEC6  is  designed  to  establish  a  harmonised  system  for  the  collection, 
treatment, storage and disposal of waste oils, such as lubricant oils for vehicles and engines, 
and  to  protect  the  environment  against  the  harmful  effects  of  such  operations.  It  mainly 

6 

OJ L 194, 25.7.1975, p. 31, as amended by Directive 87/101/EEC (OJ L 42, 12.2.1987, p. 43). 

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addresses  safe  and  controlled  management  of  waste  oils;  the  priority  to  be  given  to 
regeneration;  public  information  campaigns;  permits  for  undertakings  to  handle  waste  oils; 
emission  limit  values  for  combustion;  and  indemnities  for  undertakings  collecting  or 
disposing of waste oils. 

All  Member  States  reporting  provided  the  Commission  with  the  laws  and  regulations  in 
force concerning the disposal of waste oils. Many stated that they had adopted more stringent 
measures for environmental protection reasons. The Czech Republic, Ireland, the Netherlands, 
Portugal and Slovenia indicated that there were no regeneration plants on their territory. 

According to the data provided on waste oils management, in 2003 almost 2 million tonnes 
of waste oils were  collected  in  EU-15, giving a collection rate of 81%.  Out of this amount, 
44%  was  regenerated  (highest  regeneration  rates  recorded  in  Luxembourg,  the  Netherlands, 
Italy and Hungary) and 46% was combusted. Over the period 1995-2003 the total quantity of 
oil marketed/sold decreased by 11% (from 5.0 million tonnes to 4.4 million tonnes), while the 
volume  of  waste  oils  generated  and  collected  remained  almost  stable;  the  regeneration  and 
combustion rates for waste oils showed no significant variation either. 

Several  Member  States  reported  no  constraints  preventing  them  from  giving  priority  to 
regeneration  of  waste  oils,  in  line  with  Article  3(1).  Other  Member  States  indicated  such 
constraints, however, mainly arising from economic aspects such as the low volume of waste 
oils produced, the possibility of low-cost combustion in other Member States and saturation 
of the base oils market.  

The  majority  of  the  countries  reporting  had  carried  out  public  information  and  awareness 
campaigns, as required by Article 5(1). 

About half of the countries reporting indicated that waste oils are allocated to any of the types 
of processing (regeneration and combustion), as provided for in Article 5(3). 

The Member States reported that they had in place an authorisation system for undertakings 
which handle waste oils and for undertakings collecting waste oils (Article 5(4)). Inspections 
are carried out to check compliance with the conditions laid down in the permits.  

The emission limit values reported for combustion are all in the range of or below the limit 
values set in the Directive. Several countries have also set limit values for combustion plants 
with a thermal input of less than 3 MW. 

Certain Member States provide indemnities for the collection and/or disposal of waste oils. 

5. 

DIRECTIVE 86/278/EEC ON SEWAGE SLUDGE 

Directive  86/278/EEC7  regulates  use  of  sewage  sludge  in  agriculture  to  prevent  harmful 
effects  on  soil,  vegetation,  animals  and  man.  It  also  aims  at  encouraging  correct  reuse  of 
sludge  in  agriculture.  It  mainly  addresses  limit  values  for  heavy  metals  in  soil  and  sludge; 
treatment of sludge; conditions on the use of sludge in agriculture; sampling and analysis of 
soil and sludge; and record-keeping for sludge production and use of sludge in agriculture. 

7 

OJ L 181, 4.7.1986, p. 6. 

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A number of amendments to national legislation have been notified to the Commission since 
the  last  reporting  period,  in  particular  by  Belgium,  the  Czech  Republic,  Ireland  and  Austria 
(around 20 legislative acts of the Länder). 

Eight  of  the  EU-15  Member  States  reported  one  or  more  limit  values  for  heavy  metals  in 
soil  lower  than  those  set  by  the  Directive.  This  also  applies  to  all  new  Member  States  for 
which data are available. 

The Member States use a variety of biological, chemical, thermal or mechanical methods for 
treating sludge, or combinations of them. These include aerobic and anaerobic stabilisation, 
dewatering  and  drying,  composting,  conditioning  with  lime  or  other  chemicals,  soilification 
and  storage.  The  frequency  of  analysis  of  sludge  depends  on  the  size  of  the  waste  water 
treatment plant. 

Most EU-15 Member States reported an increase in sludge generation over the period 2001-
2003,  the  others  equal  or  slightly  lower  production.  The  new  Member  States  reported 
increases. 

Concerning  the  use  of  sludge  in  agriculture,  seven  Member  States  (Belgium-Wallonia, 
Denmark, Spain, France, Ireland, the UK and Hungary) reported that they apply 50% or more 
of  the  sludge  they  generate  on  land.  At  the  other  end,  Finland,  Sweden  and  Slovenia  apply 
less  than  17%  of  the  sludge  they  generate  on  land,  while  Greece,  the  Netherlands,  Belgium 
(Flanders), Slovakia and the Czech Republic spread very little, or no, sludge on agricultural 
land.  

There are appreciable variations between Member States, some of which showed a downward 
trend that could be explained by increased public concern about the safety of using sludge in 
agriculture.  Also,  some  Member  States  or  regions  within  Member  States  prohibit  by  law  or 
severely  restrict  sludge-spreading  in  agriculture,  based  on  stringent  limit  values  for  heavy 
metals and, in some cases, organic compounds. 

As regards the quality of sludge, the average concentrations of heavy metals in sludge used 
in agriculture in the EU are well below the threshold limits set in Annex IB to the Directive. 
This  applies  to  both  the  EU-15  and  the  new  Member  States  for  which  data  are  available. 
Although  disparities  still  exist  between  the  individual  Member  States,  the  general  trend 
towards a slow but steady decrease in concentrations is confirmed. 

On  the  whole,  Directive  86/278/EEC  is  a  long-standing  instrument  which  has  been  quite 
effective in preventing any spread of pollution due to use of  sewage sludge. Use  of sewage 
sludge  as  fertiliser  on  agricultural  soils  can  therefore  be  considered  as  one  of  the  best 
environmental options, if and only if it poses no threat to the environment or to animal and 
human health. 

6. 

DIRECTIVE 94/62/EC ON PACKAGING AND PACKAGING WASTE 

Directive  94/62/EC8  has  two  main  objectives:  to  protect  the  environment  and  to  ensure  the 
functioning of the internal market. To this end, the Directive lays down measures aimed, as 

8 

OJ L 365, 31.12.1994, p. 10, as amended by Directive 2004/12/EC, OJ L 47, 18.2.2004, p. 26 and by 
Directive 2005/20/EC, OJ L 70, 16.3.2005, p. 17. 

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the  first  priority,  at  preventing  the  production  of  packaging  waste  and,  as  additional 
fundamental  principles,  at  reusing  packaging,  at  recycling  and  at  other  forms  of  recovering 
packaging waste and hence, reducing final disposal of such waste. 

All Member States have provided the Commission with details of their laws, regulations and 
administrative  provisions  introduced  to  comply  with  the  Packaging  Directive.  Austria, 
Belgium and the Netherlands have informed the Commission of programmes setting higher 
targets  than  Article  6(1)(a)  and  (c).  The  Commission  confirmed  all  these  programmes  by 
adopting  decisions  pursuant  to  Article  6(10).  Currently,  infringement  proceedings  are  in 
progress against two Member States (Germany and the Netherlands).  

All  Member  States  have  introduced  measures  to  prevent  the  production  of  packaging 
waste.  These  include  various  types  of  plans,  agreements,  information  campaigns,  subsidies, 
targets  and  economic  instruments  (taxes,  producer  responsibility  fees,  etc.).  Despite  these 
measures, the quantity of packaging waste generated has increased from 65.5 million tonnes 
in  2000  to  66.6  million  tonnes  in  2002.  This  growth  is,  however,  slower  than  GDP  growth 
over that period. 

Most  Member  States  have  introduced  measures  to  encourage  reuse  of  packaging.  These 
include  various  types  of  plans,  agreements,  information  campaigns,  targets  and  economic 
instruments  (taxes,  deposits  on  one-way  packaging,  differentiated  producer  responsibility 
fees, etc.).  

By 2002 all Member States had achieved their targets under Article 6(1)(a) and (c). Greece, 
Ireland  and  Portugal  were  allowed  to  postpone  achievement  of  these  targets  until  2005  and 
have  achieved  their  interim  target  of  25%  recovery  and  incineration  at  waste  incineration 
plants  with  energy  recovery.  In  2002  the  EU-15  average  rate  of  packaging  recovery  and 
incineration  at  waste  incineration  plants  with  energy  recovery  was  62%,  and  the  average 
recycling rate was 54%. The following average recycling rates were achieved for packaging 
materials: glass 58%, paper and board 68%, metals 57% and plastics 24%. 

All Member States have set up return, collection and recovery systems for packaging waste. 
Most use producer responsibility systems, some of which cover the entire cost of collecting, 
sorting and recycling packaging waste. In other systems, municipalities pay all or part of the 
cost  of  collecting,  sorting  and  recycling  household  packaging  waste.  Similarly,  producer 
responsibility  systems  or  industrial/commercial  waste  holders  pay  for  industrial/commercial 
packaging  waste.  The  United  Kingdom  uses  a  tradable  certificate  scheme  (“packaging 
recovery notes” or PRNs) as part of its producer responsibility regulations. Denmark and the 
Netherlands  do  not  use  producer  responsibility  systems  but  base  their  return  schemes  on 
action  by  municipalities  and  voluntary  agreements  with  industry.  At  the  end  of  2003 
Denmark,  Sweden  and  Germany  had  obligatory  deposits  on  certain  types  of  one-way 
beverage packaging. 

Most  Member  States  have  measures  to  encourage  the  use  of  recycled  material.  These 
include various types of plans, agreements, information campaigns and economic instruments 
(taxes and subsidies, in particular for research and development).  

All Member States have widely publicised the measures under the Directive. There is a wide 
range of information activities run by all levels of  government,  business  organisations  and 
recycling  schemes.  These  are  targeted  on  a  wide  range  of  players,  such  as  obligated 
companies, consumers and schools. 

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During the reference period covered by this report, only EN 13428:2000 and EN 13432:2000 
were  considered  harmonised  standards9.  They  were  transposed  into  national  standards  in 
most Member States. The Commission is unaware of any other national standards connected 
with compliance with the essential requirements in Annex II to the Packaging Directive. 

All Member States have included a chapter on the management of packaging and packaging 
waste in their waste management plans10. 

Among  the  economic  instruments,  taxes  or  differentiated  taxation  are  used  in  Belgium, 
Denmark,  Finland,  France,  Hungary  and  Ireland.  The  United  Kingdom  uses  a  tradable 
certificate scheme as part of its producer responsibility obligations. Subsidies are applied in a 
number of Member States. 

The  results  show  that  Directive  94/62/EC  has  succeeded  in  pushing  the  rates  for  recycling 
and for recovery and incineration with energy recovery at waste incineration plants above the 
targets  set  for  2001.  In  addition,  although  the  total  tonnages  of  packaging  waste  are  still 
increasing  in  most  Member  States,  the  growth  in  packaging  waste  was  decoupled  from 
economic growth for the EU as a whole and for many individual Member States in the period 
2000 to 2002. An in-depth analysis of the costs and benefits of the Packaging and Packaging 
Waste Directive will be given in a separate report pursuant to Article 6(8) of the Directive. 

7. 

DIRECTIVE 1999/31/EC ON THE LANDFILL OF WASTE 

Directive 1999/31/EC11 regulates landfill in order to prevent or reduce as far as possible any 
negative  effects  on  the  environment  and  human  health,  also  taking  into  account  the  global 
environment.  To  this  end,  the  Directive  contains  provisions  on  the  wastes  and  treatment 
methods  acceptable  or  unacceptable  in  landfills  and  lays  down  conditions  for  the 
authorisation,  operation,  closure  and  after-care  of  landfills.  The  Directive  also  requires  a 
gradual reduction of the volume of biodegradable waste sent to landfill.  

All  the  Member  States  that  replied  have  submitted  their  measures  for  transposition  into 
national  legislation.  The  European  Court  of  Justice  ruled  against  the  United  Kingdom  for 
incomplete  transposition  of  the  Directive  (case  C-423/02).  In  the  mean  time  the  missing 
transposition measures have been notified to the Commission. The European Court of Justice 
also ruled against France for incomplete transposition of the Directive (case C-172/04). As the 
missing  transposition  measures  concerning  non-industrial  inert  waste  still  have  not  been 
notified,  the  Commission  has  started  a  procedure  against  France  under  Article  228  of  the 
Treaty. 

The  Commission  is  assessing  whether  the  transposition  measures  notified  by  the  Member 
States are in compliance with the Directive. 

Some  Member  States  have  made  use  of  the  possibility  of  excluding  certain  wastes  or 
landfills  from  some  provisions  of  the  Directive  (Italy,  Slovakia  and  Sweden  for  non-

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The  references  to  standards  EN  13427:2004,  EN  13428:2004,  EN  13429:2004,  EN13430:2004, 
EN 13431:2004  and  EN  13432:2000  were  published  in  a  Commission  Communication  in  OJ  C  44, 
18.2.2005, p. 23. 
Slovenia reported that the measures concerned are part of a separate programme. 
OJ L 182, 16.7.1999, p. 1. 

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hazardous mining waste, France, Greece and Spain  for islands and isolated settlements, and 
Germany,  Ireland,  the  Netherlands,  Slovakia  and  Sweden  for  underground  storage).  The 
Commission  will  assess  whether  these  exclusions  meet  the  conditions  laid  down  in 
Article 3(3)  to  (5).  In  line  with  Article  3(5),  the  lists  of  excluded  islands  and  isolated 
settlements  notified  to  the  Commission  were  posted  on  the  Commission’s  website 
(http://europa.eu.int/comm/environment/waste/landfill_index.htm) and a notice was published 
in the Official Journal (OJ C 316, 13.12.2005).  

The Member States reporting had adopted measures to meet the technical requirements of 
the Directive, including provisions concerning the design, operation, closure and after-care of 
landfills. 

All Member States reporting had incorporated in their legislation the obligation on the landfill 
operator to include all the costs of construction, operation, closure and after-care in the price 
charged for accepting waste. 

As regards waste acceptance criteria, most Member States have defined some criteria or lists 
for  wastes  acceptable  in  landfills,  but  only  Sweden  has  already  implemented  Decision 
2003/33/EC establishing criteria and procedures for the acceptance of waste. 

All  Member  States  reporting  had  submitted  their  national  strategies  for  reducing  the 
biodegradable waste going to landfills, except the Czech Republic, Ireland and Spain. The 
Commission is taking all necessary measures to ensure that their strategies are submitted as 
soon as possible. 

The  data  submitted  by  Member  States  on  the  amount  of  biodegradable  municipal  waste 
produced  in  1995  and  the  amounts  landfilled  in  each  year  of  the  reporting  period  are 
incomplete and must be further discussed. It can be seen from the data reported that Austria, 
Flanders,  Denmark,  the  Netherlands  and  Sweden  have  already  met  the  target  for  2016 
(reduction of the amount landfilled to 35% of the amount of biodegradable municipal waste 
produced in 1995), France and Germany have already met the 2009 target (reduction of the 
amount landfilled to 50% of the amount produced in 1995) and Finland and Italy have already 
met the 2006 target (reduction of amount landfilled to 75% of the amount produced in 1995). 

Concerning  the  need  for  adaptation  of  existing  landfills,  the  data  supplied  indicate  that  in 
some Member States many landfills, in particular for hazardous waste, already comply with 
the Directive. However, a very high number of landfills for non-hazardous waste and for inert 
waste  will  have  to  be  re-equipped  or  closed  in  the  next  two  reporting  periods  in  order  to 
ensure that by 16 July 2009, as stipulated by Article 14, no landfill that does not comply with 
the Directive will still be in operation. 

Also, the information on the number of existing landfills in several Member States, and their 
compliance with the Directive, is incomplete. This could be because not all the conditioning 
plans  have  been  submitted  and  assessed  yet.  The  conditioning  plans  had  to  be  presented  in 
July  2002  (as  of  accession  in  the  case  of  the  new  Member  States).  In  the  next  reporting 
periods a more accurate figure should be available for the number of existing landfills and of 
landfills to be closed or re-equipped. 

In  response  to  complaints,  the  Commission  has  started  infringement  proceedings  against 
Spain, Greece, Ireland and Belgium for failing to ensure that all operators of existing landfills 

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had  presented  their  conditioning  plans  by  16  July  2002,  as  required  by  Article  14  of  the 
Directive. 

In  addition,  the  Commission  has  initiated  “horizontal”  infringement  cases  against  Italy  and 
France for incorrect application of Articles 4, 8 and 9 of the Waste Framework Directive and 
of Article 14 of the Landfill Directive because of the numerous unauthorised landfills in these 
Member  States.  The  European  Court  of  Justice  ruled  against  Spain  for  failing  to  take  the 
measures necessary to apply Article 14 of the Directive in the case of an uncontrolled landfill 
in Punta de Avalos, La Gomera (case C-157/2004). 

Finally,  several  other  specific  Court  cases  have  been  brought  against  Spain  on  the  issue  of 
uncontrolled  landfills,  while  the  Court  has  also  ruled  against  Ireland  (case  C-494/01)  and 
Greece (case C-502/03) for systematic failures. 

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