đ±Â Which countries are subject to infringement procedures?
On 25 July 2024, the European Commission (EC) announced that it had sent letters of formal notice to all 27 EU Member States. With these letters, the EC opened infringement procedures against each of the Member States âfor failing to meet waste collection and recycling targetsâ as established under current EU legislation. According to the EC, each of these Member States had âfailed to meet several waste collection and recycling targets laid down under the current EU waste legislationâ, particularly when it comes to e-waste. Notably, 18 of the Member States fell short from meeting the â50% target for 2020 of preparing for reuse and recycling of municipal waste (such as paper, metal, plastic and glass)â.
đ±Â Where are the targets set out?
The relevant targets are set out in the Waste Framework Directive, the Waste Electrical and Electronic Equipment (WEEE) Directive, and the Packaging and Packaging Waste Directive. Under the last of these, Member States were expected to recycle 55% to 80% of all their packaging waste by the end of 2008. This included 60% targets for glass, paper and cardboard; a 50% target for metals; 22.5% for plastics; and 15% for wood. Under the WEEE Directive, Member States were expected to collect and properly treat a minimum of 65% of the average weight of the e-waste âplaced on the marketâ over the past 3 years or 85% of the e-waste generated in the Member State. These targets on the collection, recovery, reuse and recycling of waste are legally binding on Member States.
đ±Â Why is improving recycling important?
Waste can have adverse impacts on the environment and human health. Through its waste management and resource use legislation, the EU aimed to address some of these impacts. In line with this, the EC has now called on the Member States to âboost their implementation effortsâ to meet the relevant obligations. The EC has recommended that Member States look to the âcountry-specific recommendations identified in the 2023 Waste Early Warning Reportâ for guidance on meeting the forthcoming targets of 2025, 2030, and 2035. Notably, despite the overall failure to meet the targets, the current framework appears to have reduced the overall waste production in the EU. While each EU citizen still produced 5.0 tons of waste in 2010, the estimated average in 2020 was 4.8 tons.
đ±Â What happens next?
Each Member State has 2 months to reply to the letter from the EC and the issues raised therein. If the EC finds the responses unsatisfactory, it can issue a reasoned opinion to urge the relevant Member State(s) to comply with EU law. If issues continue to remain unresolved, the EC can refer the matter to the Court of Justice of the EU, which can later result in fines for Member State(s).
Read more about the infringement proceedings here:
- https://ec.europa.eu/commission/presscorner/detail/en/inf_24_3228
- https://www.packaging-gateway.com/news/eu-recycling-infringement-procedure-members/