EU-Legislation LANDFILL

The purpose of European waste legislation is to control the collection, transport, treatment and disposal of waste. It controls all sections of the waste management industry including storage, registration, licensing, monitoring, record keeping and controls on specific waste streams such as municipal waste, hazardous waste or clinical waste.

When dealing with waste management regarding the disposal within landfills the Landfill Directive, the Council Decision on acceptance criteria, the Waste Framework Directive and the Directive on hazardous waste have to be taken into consideration.

The relevant legislation can be downloaded from the following table and are summarized below.

Old Waste Framework Dir. (EN) (2006/12/EC repealed by 12.12.10)		Hazardous Waste Dir. (EN) (Dir. 91/689/EC repealed by 12.12.10)	Other languages
New Waste Framework Dir. (EN) (Reg. 2008/98/EC into force on 12.12.10)
Landfill Directive (EN) (Dir. 1999/31/EC )	Other languages	Acceptance Criteria (EN) (Council Decision 2003/33/EC)	Other languages

Directive 2006/12/EC on waste (repealed by 12.12.2010)

The Waste Framework Directive

• Defines waste

• Specifies the scope

• Introduces the principles of the waste hierarchy, proximity principle and self sufficiency

• Sets out a framework for the coordinated management of waste within the community

• Sets out the basis for sustainable waste management

The Waste Framework Directive requires that Member States

• Ensure that waste is recovered or disposed of without endangering human health and the environment

• Take the necessary measures to prohibit the abandonment, dumping or uncontrolled disposal of waste

Holders of waste must

• Ensure the disposal or recovery of their waste themselves in accordance with the provisions of the Directive or

• Have it handled by an authorised collection-, disposal- or recovery undertaking

Any establishment or undertaking carrying out waste disposal or recovery operations must have a permit and be inspected at regular intervals by the authorities.

There are no transition periods for this Directive for the new Member States.

Envisaged changes via the review process strengthen recovery methods and polluter responsibility and adress ending of waste properties. p> 

(New) Directive 2008/98/EC on waste repealing certain Directives
(into force on 12.12.10)

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the new Waste Framework Directive by 12 December 2010.

The new Waste Framework Directive includes the following changes concerning the landfilling of waste:

• Exclusion of in-situ land

• Distinction waste / by-products

• End of waste status

Furthermore it requests Member States to establish not later then 12 December 2013 waste prevention programmes.

Directive 91/689/EEC on hazardous waste (repealed by 12.12.2010)

The Directive on hazardous waste singles out specific waste materials as a consequence of their hazardous nature and potential impact upon health and the environment due to:

• Describing categories or generic types of waste (Annex I) which are classified as hazardous

• Listing constitutes of waste (Annex II) which are classified as hazardous

• Describing properties of waste (Annex III) which are classified as hazardous

Beside the Directive sets licensing requirements for handling and treatment of hazardous waste.

There are no transition periods for this Directive for the new Member States.

Directive 1999/31/EC on the landfill of waste

The key requirements of the landfill Directive aim to ensure that all landfill operators have adequate permits and that landfills are being adequately monitored. The objective is to prevent or reduce as far as possible negative effects on the environment during the whole life-cycle of the landfill. The Directive sets:

• Requirements for the authorisation, design, operation, closure and after-care of landfills

• Reduction targets for the landfilling of biodegradable municipal waste

• Criteria for wastes which may not be accepted in landfills anymore, such as used tyres, liquid waste and certain hazardous wastes

• A procedure for the adaptation of existing landfills to the requirements

• Detailed provison for siting and technical standard

• Standard requirements for monitoring and aftercare

The Directive applies to all waste disposal sites onto or into land. There are three classes of landfills:

Directive 1999/31 on the landfill of waste (Article 4 - Classification of landfills)

The Landfill Directive entered into force on 16 July 1999 and had to be implemented by Member States by 16 July 2001. For the new Member States certain transition periods have been granted.

Council Decision 2003/33/EC (Criteria and procedures for acceptance of waste at landfills)

The Council Decision sets provisions and requirements for:

• Acceptance procedures

• Acceptance criteria for different landfill categories

• Criteria and procedures for the acceptance of waste within the different landfill categories

• Standards for the information necessary when delivering waste to a landfill

• Limit values concerning waste composition and its leaching categories

• Standards for sampling and testing methods

• Standards for monitoring

This decision entered into force on 16 July 2004 and the limit values had to be applied at the latest by 16 July 2005.

Legal Cases LANDFILL

	Case C-502/03: EC7 condemned Greece because of the existence of numerous illegal waste dumps
	Case C-383/02: EC7 condemned Italy for the existance of 3 illegal landfills with hazardous waste in a former industrial park in Milano, Italy failed to remove the waste and start with decontamination measures
	Case C-157*04: EC7 condemned Spain because of the existence of numerous illegal waste dumps

Information on legal cases is available at: http://curia.europa.eu/en/content/juris/index.htm (Source: CURIA)