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Remarks on the Waste Framework Directive

Ludwig Krämer

elni Review 2010, Issue 1,  pp. 2-6. https://doi.org/10.46850/elni.2010.001

Directive 2008/98/EC on waste was adopted on 19 November 2008. Member States are required to transpose it into their national legislation by 12 December 2010. This Directive replaces Directive 2006/12/EC which was itself a codification of Directive 75/442/EEC. This contribution only comments on some of the provisions of the new Directive, in particular those where the legal situation has changed with regard to the earlier legislation. While Directive 2006/12/EC had been constructed as a framework directive and had explicitly stated so, the new Directive 2008/98/EC makes no mention of its framework character. This means that for each specific directive it has to be examined whether the provisions of Directive 2008/98/EC – the definitions, the principles, etc – also apply to directives on specific waste streams. Art. 2(4) explicitly provides that specific rules on the management of particular categories of waste may be laid down by means of individual directives.

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References

  1. Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, OJ 2008, L 312/3.
  2. Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control, OJ 2008, L 24/8.
  3. Court of Justice of the European Union, 2004, Judgment of the Court (Second Chamber) of 7 September 2004. Criminal proceedings against Paul Van de Walle, Daniel Laurent, Thierry Mersch and Texaco Belgium SA. Reference for a preliminary ruling: Cour d'appel de Bruxelles - Belgium. Environment - Waste - Directives 75/442/EEC and 91/156/EEC - Meaning of "waste', "producer of waste' and "holder of waste' - Soil infiltrated by leaked hydrocarbons - Independent operation of a service station belonging to a petroleum company (Case C-1/03).
  4. Court of Justice of the European Union, 2005, Judgment of the Court (Third Chamber) of 8 September 2005. Commission of the European Communities v Kingdom of Spain. Failure of a Member State to fulfil obligations - Directives 75/442/EEC and 91/156/EEC - Meaning of "waste" - Directives 85/337/EEC and 97/11/EC - Assessment of the effects of certain public and private projects on the environment - Directive 80/68/EEC - Protection of groundwater against pollution caused by certain dangerous substances - Directive 91/271/EEC - Urban waste-water treatment - Directive 91/676/EEC - Protection of waters against pollution caused by nitrates from agricultural sources - Pollution caused by a pig farm (Case C-416/02).
  5. L. Krämer, Environmental Liability 2006.
  6. Commission of the European Communities, 2005, Proposal for a Directive of the European Parliament and of the Council on waste, COM(2005) 667 final.
  7. Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste, OJ 2006 L 114/9.
  8. Court of Justice of the European Union, 2003, Judgment of the Court (Sixth Chamber) of 11 September 2003. AvestaPolarit Chrome Oy. Reference for a preliminary ruling: Korkein hallinto-oikeus - Finland. Approximation of laws - Directives 75/442/EEC and 91/156/EEC - Meaning of waste - Production residue - Mine - Use - Storage - Article 2(1)(b) - Meaning of other legislation - National legislation outside the framework of Directives 75/442/EEC and 91/156/EEC (Case C-114/01).
  9. L. Krämer, Environmental Liability 2004.
  10. Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006, OJ 2009 L  140/114.
  11. Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products, OJ 2009 L 285/10.
  12. European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste, OJ  1994 L 365/10.
  13. Court of Justice of the European Union, 1999, Opinion of Mr Advocate General Fennelly delivered on 11 February 1999. Commission of the European Communities v Federal Republic of Germany. Failure of a Member State to fulfil obligations - Directive 87/101/EEC - Disposal of waste oils - Transposition of the directive. Case C-102/97.
  14. Court of Justice of the European Union, 2004, Judgment of the Court (Fifth Chamber) of 30 March 2004. Commission of the European Communities v Kingdom of Sweden. Failure of a Member State to fulfil obligations - Disposal of waste oils - Failure to transpose Directive 75/439/EEC (Case C-201/03).
  15. Court of Justice of the European Union, 2004, Judgment of the Court (First Chamber) of 15 July 2004. Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland. Failure of a Member State to fulfil its obligations - Directive 75/439/EEC - Disposal of waste oils - Priority to be given to the processing of waste oils by regeneration (Case C-424/02).
  16. Court of Justice of the European Union, 2005, Judgment of the Court (Fifth Chamber) of 10 March 2005 in Case C-531/03: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Directive 97/11/EC — Assessment of the effects of certain public and private projects on the environment — Road construction projects in certain Länder).
  17. Court of Justice of the European Union, 2005, Judgment of the Court (Second Chamber) of 27 January 2005. Commission of the European Communities v Portuguese Republic. Failure of a Member State to fulfil obligations - Directive 75/439/EEC - Disposal of waste oils - Priority to processing by regeneration (Case C-92/03).
  18. Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme, OJ 2002 L 242/1.
  19. Commission of the European Communities, 2001, Green Paper on Integrated Product Policy, COM(2001) 68 final.
  20. Commission of the European Communities, 2003, Communication from the Commission to the Council and the European Parliament, Integrated Product Policy, Building on Environmental Life-Cycle Thinking, COM(2003) 302 final.