Brussels gives Spain two months to adapt the European rules on waste to its legislation or it will refer it to the CJEU

The European Commission has set a deadline for Spain to change national waste management legislation. The European body has given two months to adapt the law to the requirements of the European directives or, otherwise, it may refer the case to the Court of Justice of the EU (CJEU).

Specifically, the landfill directive establishes rules to prevent adverse effects on human health, water, soil and air and requires Member States to take measures to ensure that only treated waste is landfilled.

The European Green Deal and the Zero Pollution Action Plan set out a zero pollution ambition for the EU, which benefits public health, the environment and climate neutrality.

In its ruling of October 15, 2014, the CJEU ruled that before its discharge, waste must be treated in the most appropriate way to reduce negative impacts on the environment and human health.

However, the latest data shows that 12.7% of the total municipal waste collected in Spain did not receive the necessary treatment before being disposed of in landfills.

Furthermore, Spain has not established an integrated and adequate network of mixed municipal waste management facilities that covers all landfills throughout its territory.

For all these reasons, the Community Executive has decided to send a letter of formal notice to Spain, which now has two months to respond and correct the deficiencies pointed out by Brussels. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion, which implies taking the case before European Justice.