The European Commission has launched infringement proceedings against Germany and Estonia for failing to properly transpose key provisions of the EU Directive on Single-Use Plastics (SUPD) into national law.
In letters of formal notice announced last week, the Commission identified the member states' implementation shortcomings: German legislation was missing a key definition and did not properly regulate waste separation or provide for public awareness campaigns in all required areas. The deficiencies in the Estonian legislation involve extended producer responsibility (EPR), reporting systems, and public awareness campaigns.
Specifically, Germany’s legislation lacks a definition of "port reception facilities", which the Commission says creates uncertainty regarding the correct calculation of costs to be borne by producers. There are also inconsistencies concerning exemptions from the separate collection requirement and the prohibition on waste mixing.
Another point of criticism is the absence of awareness-raising measures, such as information on the availability of reusable alternatives or the environmental impact of plastic littering.
Gaps in Estonia's legislation on single-use plastics
According to the Commission, Estonia had also failed to completely transpose the Single-Use Plastics Directive (SUPD). National extended producer responsibility schemes do not fully cover all required single-use plastic products and the country's legislation does not comprehensively define the roles and responsibilities for reporting systems.
In addition, the Commission believes that in Estonia, too, the rules regarding public information campaigns are inadequate. The member state failed to include measures on informing consumers about reusable alternatives, reuse systems, and waste management options.
The aim of the proceedings is to ensure full implementation of the Directive’s provisions on reducing the environmental impact of certain plastic products and promoting the circular economy. Germany and Estonia each now have two months to respond to the letter of formal notice and address the shortcomings identified.
If the member states fail to submit a satisfactory response, the Commission may issue a reasoned opinion, an intermediate step in the infringement procedure which can lead to a referral to the European Court of Justice.
Poland and Bulgaria failed to correctly transpose WFD and Landfill Directive
Alongside Germany and Estonia, the Commission sent a letter of formal notice to Poland in July for failing to correctly transpose the Landfill Directive 2018/850. Among other provisions adopted in 2018, the Landfill Directive establishes a cap of 10 per cent on the landfilling of municipal waste to become binding in 2035.
Poland has not established appropriate rules for calculating landfilling rates, according to the Commission. In addition, the Brussels authority argues that some standards for acceptance and storage of metallic mercury and some of the elements of control and monitoring procedures for landfill operation and after-care phases have not been correctly transposed.
Poland, too, will have two months to reply to its letter of formal notice before the Commission can elect to advance to the next stage of infringement proceedings.
The case against Bulgaria has now entered this next phase. The Commission said on Friday that it had sent the Bulgarian government a reasoned opinion for its failure to correctly transpose the Waste Framework Directive (WFD).
The Commission found that Bulgaria has not correctly transposed several provisions of the Directive's 2018 amendment including elements concerning the general minimum requirements for extended producer responsibility (EPR) schemes as well as specific requirements on the monitoring and assessment of waste prevention measures and mixing of waste oils.
Bulgaria had pledged to take corrective action after receiving a letter of formal notice in November 2023. However, it had yet to adopt specific legislative amendments, the Commission said.
The member state now has two months to respond and take the necessary measures. If it fails to act, it may face legal proceedings before the European Court of Justice (ECJ).
In June, the EU Commission Commission initiated infringement proceedings against Poland and Slovakia related to the SUPD und and 2018 Landfill Directive and WFD, respectively.
