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Brussels, 1 October 2002

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Environment Commissioner Margot Wallström commented: "Our citizens are concerned about landfills. We receive a steady flow of complaints from people who are worried about the impact that illegal or badly managed landfills can have on their health. I therefore decided to organise this Name, Shame and Fame seminar to raise awareness, among both operators and the public about the importance of managing waste properly and to help ensure that Member States comply with the relevant EU legislation as soon as possible. Only if national authorities respect the legislation for landfilling can citizens be encouraged to trust landfilling as a environmentally viable option for waste management."

1DPH)DPHDQG6KDPHVHPLQDU Commissioner Wallström co-hosted the Name, Fame and Shame seminar with Caroline Jackson, Chairperson of the European Parliament's Environment Committee. Members of the European Parliament, representatives of the Member States, Accession Countries, EFTA Countries, Members of the Economic and Social Committee and of the Committee of the Regions, NGOs, other stakeholders and the media attended the seminar. The event highlighted examples of good practice and bad practice in the Member States and problems arising from poor implementation. The seminar, like previous similar events was designed to provide a forum for debate among all stakeholders and send a clear signal about the Commission's determination to see key environmental legislation implemented and enforced properly by the Member States.

 This is the third time the Commission organises Name, Fame and Shame seminars. In 2000 the subject was quality standards for bathing water, in 2001 a seminar was held on the subject of urban waste water management (see IP/01/409) ,PSOHPHQWDWLRQDQGOHJDODFWLRQDJDLQVW0HPEHU6WDWHV Improving implementation of environmental legislation is a priority for the Commission and, as announced in the 6th Environment Action Programme, "Name, Shame and Fame" seminars are one tool to increase awareness of the effects of poor implementation of EU law. The Commission also assists Member States' implementation in other ways, for instance through financing by the Structural Funds and the Cohesion Fund to bring existing landfills up to the Directives' standards. The first Directive on the environmentally sound management of waste was adopted in 1975. It obliged Member States to ensure that waste was disposed of without endangering human health or the environment and to prevent illegal dumping. In 1999, the EU adopted the Directive 1999/31/EC on landfills which set out specific requirements. Member States had to transpose this Directive into national law by 16 July 2001. The European Commission has taken legal action on two fields: on the one hand seven member states are being pursued for not managing landfills correctly (see selected infringement cases in Annex 1. To date, infringement cases concerning 36 specific landfills have been opened and are at various stages of the legal process. At the top of the list are Greece and Spain (with 10 cases each), followed by Italy (with 8 cases), Ireland (5 cases), the UK, France and Germany (1 case each). There are currently no infringement cases going on concerning specific landfill sites in the other Member States. On the other hand, the Commission is pursuing legal action against six Member States (Belgium, Greece, Ireland, Italy, Luxemburg and United Kingdom) because they have not adopted and communicated to the Commission complete national legislation transposing the 1999 Landfill Directive within the July 2001 deadline (see infringement cases in Annex II.

7KHVLWXDWLRQLQFDQGLGDWHFRXQWULHV In all candidate countries landfilling is the most frequently used method for the disposal of waste (both non-hazardous and hazardous waste). In all of them there is a large number of regional and local landfills not complying with the Landfill Directive and they will have to be upgraded or in many cases closed. In addition, in some countries there are large numbers of illegal landfills which have no permit under existing national legislation. The Commission is negotiating with candidate countries to ensure compliance with the Directive upon accession. The EU's financial Instruments PHARE and ISPA are providing financial assistance for waste management projects, including construction or rehabilitation of landfills in line with the requirements of the EU landfill directive.

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7KH:DVWH)UDPHZRUN'LUHFWLYH Directive 75/442/EEC as amended by Directive 91/156/EEC on waste lays down the general obligations for the treatment of waste. It states that waste must be disposed of without endangering human health and without using processes or methods which could harm the environment, and in particular: - without risk to the water, air , soil and plants and animals, - without causing a nuisance through noise and odours, - without adversely affecting the countryside or places of special interest. - Moreover, Member States shall take the necessary measures to prohibit the abandonment, dumping or uncontrolled disposal of waste. Member States must - establish an integrated network of disposal operations - draw up waste management plans - ensure that the holder of waste disposes or recovers the waste himself in accordance with the Directive or has it handled by a licensed undertaking - ensure that any undertaking carrying out disposal or recovery operations obtains a permit and is subject to appropriate periodic inspections.

7KH/DQGILOO'LUHFWLYH Directive 1999/31/EC on the landfill of waste lays down more specific requirements for the design, operation, closure and after-care of landfills, which apply in addition to the provisions of the Framework Directive. The objectives of the Directive are to improve landfill practices and make landfilling safe. The Landfill Directive applies to all waste except unpolluted soil and inert mining waste. Further exclusions from the scope are the spreading of sludge for fertilisation or land improvement, the use of inert waste for construction purposes in landfills and the deposit of non-hazardous dredging sludge in waterways from which they were extracted and in surface waters.

3 The key obligations of the Directive are: - classification of landfills into 3 classes: landfills for hazardous waste, landfills for non-hazardous waste, landfills for inert waste; at each landfill only waste fulfilling the respective acceptance criteria can be accepted. - ban of co-disposal: no landfilling of hazardous waste and non-hazardous waste together - ban of landfilling of certain wastes: tyres, liquid waste, explosive, corrosive, flammable waste, infectious clinical and veterinary waste - targets for the reduction of biodegradable municipal waste going to landfills: reduction to 75% in 2006, 50% in 2009 and 35% in 2016 compared to amounts produced in 1995 (possibility to postpone targets by 4 years for landfill dependent member states) - obligation to treat all waste prior to landfilling (very broad definition of treatment) - detailed permitting requirements - landfill prices must cover all costs related to the requirements of the Directive - technical requirements for landfills - monitoring requirements - closure and after-care provisions - transition period until 2009 to adapt all existing landfills (shorter period for some requirements at hazardous waste landfills; end of co-disposal 2004) EU waste legislation is based on a list of priorities for waste policies, the so-called waste hierachy: first prevention, then recovery (re-use, recycling or energy recovery) and finally safe disposal. Only if the Member States take the measures required to transpose the 1999 Landfill Directive can landfilling be a viable option for an environmentally acceptable handling of waste. Every EU citizen generates 540 kilos of municipal waste per year on average. Waste management for municipal waste in the the EU as a whole breaks down to landfilling 57%, incineration 16%, recycling 13%, composting 7%. Source: EEA Signals Report 2002 (1999 figures)

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,QIULQJHPHQWSURFHHGLQJVFRQFHUQLQJLQFRUUHFWDSSOLFDWLRQRI&RPPXQLW\ ZDVWHOHJLVODWLRQRQODQGILOOV2 Member Stage in Comments (name of site) State proceedings Austria Belgium Denmark Finland  France RO Art. 226 St Laurent (French Guyana)  Germany FN Art. 226 Bleicherode (Nordhausen, Thüringen)  Greece Court Art. 226 Epitalio (Ileia, Peloponesos) Court Art. 226 Pera Galinoi (Heraklion, ) FN Art. 226 Paiania (Attiki), Aigio (Ahaia), Halandri (Attiki), Ftelia (Arta), Ierissos (Halkidiki), Alyki Parou (Cyclades), Maroulas (, Crete), Skiathos (Magnisia). Ireland Court Art. 226 Lea (County Laois), Ballymorris (County Laois), Greenore (County Louth), County Waterford. FN Art. 226 Boyne Estuary Italy FN Art. 228 San Rocco RO Art. 226 ACNA RO Art. 226 Enichem Court Art. 226 Frosinone Court Art. 226 Rodano (Milano) RO Art. 226 Samolaco (Sondrio) FN Art. 226 Rende (Cosenza) RO Art 226 Campolungo (Ascoli Piceno) Luxemburg Netherlands Portugal Spain Court Art. 226 Malaga/Formentera/Avila/Leon/Ibiza /Alicante Court Art. 226 Baneza (Leon) FN Art. 226 Corcubion (La Coruna) FN Art. 226 Punto de Avalos (La Gomera, Canary Islands) FN Art. 226 Olvera (Cadis) Sweden United FN Art. 226 Nant-y-Gwyddon (Wales) Kingdom

 Directive 75/442/EEC on waste, as amended by Directive 91/156/EEC. State of play 1.10.2002.  RO = Reasoned Opinion  FN = Letter of Formal Notice  Court = Decision concerning application to/ Proceedings before the Court of Justice.

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,QIULQJHPHQW SURFHHGLQJV FRQFHUQLQJ QRQFRPPXQLFDWLRQ RI QDWLRQDO PHDVXUHVWUDQVSRVLQJ'LUHFWLYH(&RQWKHODQGILOORIZDVWH6 Member Stage in Comments State proceedings Austria Full notification received, completeness under assessment. Belgium Court Art. 226 Incomplete transposition, infringement of the Directive. Denmark Full notification received, completeness under assessment. Finland Full notification received, completeness under assessment. France Full notification received, completeness under assessment. Germany Full notification received, completeness under assessment. Greece Court Art. 226 Incomplete transposition, infringement of the Directive. Ireland RO Art. 226 Incomplete transposition, infringement of the Directive. Italy Court Art. 226 Incomplete transposition, infringement of the Directive. Luxemburg Court Art. 226 Incomplete transposition, infringement of the Directive. Netherlands Full notification received, completeness under assessment. Portugal Full notification received, completeness under assessment. Spain Full notification received, completeness under assessment. Sweden Full notification received, completeness under assessment. United Court Art. 226 Incomplete transposition, infringement of the Directive. Kingdom

 The date of transposition for the Directive was 16.7.2001. The table shows state of play on 1.10.2002.

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