The European Commission has referred Poland and Slovenia to the EU Court of Justice over their failure to enact EU WEEE legislation.
The Commission announced yesterday that Poland faces penalty payments of €71,610 per day until the law is enacted, and Slovenia will be charged €8,408.4 per day. The EU rules – the “recast” of the previous WEEE Directive – should have been enacted into national law by 14 February 2014 and incorporate a number of new or substantially modified provisions, which Poland and Slovenia have not enacted.
About The Directive
In making this judgment, the EC explained about the Directive: “The recast Directive modernises previous legislation, making it fit for purpose and more forward-looking, in line with the objectives of the circular economy. It introduces an ambitious new collection target of 45% of electronic equipment sold that will have to be met in 2016 and, as a second step in 2019, a target of 65% of equipment sold or 85% of WEEE generated. The new rules make registration and reporting requirements easier for Member States, with better tools to fight the illegal export of waste more effectively. They also introduce a clear link to EU legislation on product design, including the Eco-design Directive, encouraging manufacturers to improve the design of electrical and electronic equipment, making it easier to recycle.
“If a Member State fails to enact EU legislation it has agreed to in Council into national law within the required deadline, the Commission may ask the Court for financial sanctions to be imposed at the first referral to Court, without having to return to the Court for a second ruling. The penalties take into account the seriousness and duration of the infringement. They consist of daily penalty payments to be paid from the date of the judgment – assuming the Member State is still not compliant – until the process of enactment is completed.”
Romania Referred On Packaging
In addition, the European Commission has also referred Romania to the EU Court of Justice over its failure to enact revised EU legislation on packaging waste into domestic law.
Member States had to bring into force the laws necessary to comply with this Directive by 30 September 2013. After it missed the original deadline, Romania was sent a letter of formal notice on 29 November 2013, followed by a reasoned opinion on 11 July 2014. More than one year and a half after the deadline, the Directive is still not enacted into domestic legislation.