The European Commission has announced that it will refer Cyprus to the European Court of Justice (ECJ) for failing to comply with an earlier ruling concerning violations of the EU Landfill Directive. The Commission intends to request the Court to impose financial penalties. As part of its latest infringements package in early May, the EU Commission also announced it would take action against Ireland, Slovakia and France.
Cyprus's referral to the ECJ comes nearly twelve years after the Court first found that two landfills in Cyprus – Vati in Limassol and Kotsiati in Nicosia – were not compliant with EU law. In that July 2013 ruling (C-412/12), the Court concluded that Cyprus had not met its obligations under the Landfill Directive (1999/31/EC).
On determining in 2017 that the landfills had not been shut down, the Commission launched new infringement proceedings. It was at that point that the member state "finally decided to stop the operation of these two landfills", but did not carry out the required rehabilitation and closure work, according to the Commission's early May announcement.
The EU authority explained that it had decided to advance the case because the work had still not been completed some six years later. Moreover, Cyprus has postponed the timetable for the implementation of the 2013 judgment several times. "The landfills therefore still present a danger for human health and the environment," said the Commission.
Accordingly, the Commission is now requesting that the Court impose financial penalties on Cyprus for its continued non-compliance. While the Brussels body did not say anything regarding the level of the fine, the penalties often consist of a lump sum covering the historical failure to comply with an additional daily component which accumulates until compliance is achieved.
This is not the only infringement procedure currently pending against Cyprus. The Commission has opened two other cases concerning failures to comply with EU waste legislation. One, launched in 2021 (INFR(2021)2217), relates to the inadequate treatment of waste before landfilling and has reached the "reasoned opinion" stage, the second stage in the procedure and final stage before the opening of an ECJ case. The other concerns Cyprus’ failure to meet EU targets under the Packaging and Packaging Waste Directive (PPWD) and the Directive on Waste Electrical and Electronic Equipment (WEEE) (INFR(2024)2131).
May infringements package includes three transposition cases
Among the other infringement proceedings announced this month is a newly initiated case against Ireland for failing to correctly transpose the requirements of the Landfill Directive into national law. The Commission said the deficiencies related to technical rules and standards for landfill construction, the assessment of newly arrived waste, control and monitoring procedures and specifications for the temporary storage of metallic mercury waste.
The member state was sent a letter of formal notice and has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory reply, the Brussels body may choose to issue a reasoned opinion.
Slovakia is alleged to have incompletely transposed the Single-Use Plastics Directive (SUPD), specifically with regard to the requirements for extended producer responsibility (EPR) schemes which are to cover the necessary costs of waste management and clean-up of litter and public awareness campaigns.
In Slovakia, tobacco producers are not obliged to cover the waste collection costs. In addition, producers of food containers, cups and plastic bags are not obliged to cover transport and treatment costs of the litter, according to the Commission. The member state will have two months after receiving the letter of formal notice to address the shortcomings before the Commission can consider moving on to the next phase of proceedings with a reasoned opinion.
Proceedings against France have now moved to this stage, as the Commission remains convinced that the member state has not fully transposed the amended Waste Framework Directive (WFD). Specific concerns include provisions on the methodology to measure food waste, on the separate collection of waste and the incineration of separately collected waste, and certain definitions.
The Commission noted that while France has made some progress since it was sent a letter of formal notice in April 2024, "France has not fully addressed the grievances." If the response submitted by the member state within the next two months is not satisfactory, the Commission may choose to refer the case to the ECJ.
