17-495: The Landfill Directive , more formally Council Directive 1999/31/EC of 26 April 1999, is a European Union directive which regulates waste management of landfills in the European Union . It was to be implemented by EU Member States by 16 July 2001. Directive (EU) 2018/850 amended the 1999 directive with effect from 5 July 2020. The Directive's overall aim is "to prevent or reduce as far as possible negative effects on
34-520: A directive in theory but has failed to abide by its provisions in practice. If a Member State fails to implement a Directive timely or correctly, the Directive itself becomes binding on the Member States, meaning that parties in proceedings against the state may rely on provisions of the untimely or incorrectly transposed Directive. An example of a case in which the applicant was able to invoke
51-607: A directive rather than a regulation: (i) it complies with the EU's desire for "subsidiarity" ; (ii) it acknowledges that different member States have different legal systems, legal traditions and legal processes; and (iii) each Member State has leeway to choose its own statutory wording, rather than accepting the Brussels' official " Eurospeak " terminology. For example, while EU Directive 2009/20/EC (which simply requires all vessels visiting EU ports to have P&I cover) could have been
68-861: A regulation (without requiring member states to implement the directive), the desire for subsidiarity was paramount, so a directive was the chosen vehicle. The legal basis for the enactment of directives is Article 288 of the Treaty on the Functioning of the European Union (formerly Article 249 TEC ). Article 288 To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions. A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. A directive shall be binding, as to
85-477: A report, which closely analysed the progress on implementing the Directive in the Member States. Its close analysis focuses on five countries and one sub-national region: Estonia , Finland , the Flemish Region of Belgium , Germany, Hungary and Italy. According to this report, significant progress has been made, largely due to two core factors: European Union directive A directive
102-426: Is a legal act of the European Union that requires member states to achieve particular goals without dictating how the member states achieve those goals. A directive's goals have to be made the goals of one or more new or changed national laws by the member states before this legislation applies to individuals residing in the member states. Directives normally leave member states with a certain amount of leeway as to
119-404: Is restricted by banning certain waste types, which may pose a risk. The following wastes may not be disposed of in a landfill and must either be recovered, recycled or disposed of in other ways. To avoid further risks, allowed wastes are subject to a standard waste acceptance procedure, which dictates the following terms: The acceptance criteria and the acceptance process are further specified in
136-701: The Council Decision 2003/33/EC. Member States must report to the European Commission every three years on the implementation of the Directive. According to the Directive, the amount of biodegradable municipal waste must be reduced to 50% in 2009 and to 35% in 2016 (compared to 1995 levels). In 2009, 10 years after the enactment of the Landfill Directive, the European Environment Agency published
153-667: The European Court of Justice developed the doctrine of direct effect where unimplemented or badly implemented directives can actually have direct legal force. In the important case of Francovich v. Italy , the ECJ extended the principle of Van Gend en Loos to provide that Member States who failed to implement a directive could incur liability to pay damages to individuals and companies who had been adversely affected by such non-implementation. Protection and indemnity insurance Too Many Requests If you report this error to
170-437: The appropriate legislative procedure, both institutions can seek to make laws. There are Council directives and Commission directives. Article 288 does not clearly distinguish between legislative acts and administrative acts, as is normally done in national legal systems. Directives are binding only on the member states to whom they are addressed, which can be just one member state or a group of them. In general, however, with
187-488: The directive to be implemented correctly. This is done in approximately 99% of the cases. If a member state fails to pass the required national legislation, or if the national legislation does not adequately comply with the requirements of the directive, the European Commission may initiate legal action against the member state in the European Court of Justice . This may also happen when a member state has transposed
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#1732782694564204-501: The environment, in particular the pollution of surface water, groundwater, soil and air, and on the global environment, including the greenhouse effect , as well as any resulting risk to human health, from the landfilling of waste, during the whole life-cycle of the landfill". This legislation also has important implications for waste handling and waste disposal . The Directive is applicable to all waste disposal sites and divides them into three classes: Waste disposal into landfills
221-749: The exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter. The text of a draft directive (if subject to the co-decision process, as contentious matters usually are) is prepared by the Commission after consultation with its own and national experts. The draft is presented to the Parliament and the Council —composed of relevant ministers of member governments, initially for evaluation and comment and then subsequently for approval or rejection. There are justifications for using
238-583: The exception of directives related to the Common Agricultural Policy , directives are addressed to all member states. When adopted, directives give member states a timetable for the implementation of the intended outcome. Occasionally, the laws of a member state may already comply with this outcome, and the state involved would be required only to keep its laws in place. More commonly, member states are required to make changes to their laws (commonly referred to as transposition ) in order for
255-754: The provisions of an untimely transposed Directive is the Verkooijen case, in which the European Court of Justice rendered a judgement on 6 June 2000 (case no. C-35/98). The United Kingdom passed a statutory instrument , the Unfair Terms in Consumer Contracts Regulations 1994 , to implement the EU Unfair Terms in Consumer Contracts Directive 1993 . For reasons that are not clear, the 1994 SI
272-459: The result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods. A decision shall be binding in its entirety upon those to whom it is addressed. Recommendations and opinions shall have no binding force. The Council can delegate legislative authority to the Commission and, depending on the area and
289-437: Was deemed inadequate and was repealed and replaced by the Unfair Terms in Consumer Contracts Regulations 1999 . The Consumer Rights Act 2015 , a major United Kingdom statute consolidating consumer rights, then abolished the 1999 SI; so presumably the 2015 Act complies with the 1993 EU directive, which remains extant. Even though directives were not originally thought to be binding before they were implemented by member states,
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