Iceland Referred to EFTA Court Over Incomplete Packaging Waste Restrictions

The EFTA Surveillance Authority (ESA) has taken the significant step of referring Iceland to the EFTA Court due to concerns regarding the country’s inadequate implementation of packaging waste management regulations. This referral arises from Iceland's reported failure to enforce essential rules aimed at preventing packaging waste, regulating packaging types released into the market, and overseeing landfill operations effectively.

Background of the Issue

According to the ESA, several municipalities in Iceland have not yet established regional waste management plans as required under Article 28 of the Waste Framework Directive. Additionally, Iceland’s national waste prevention program remains outdated. It lacks the necessary updates that should include periodic evaluations and revisions, in violation of Article 29 of the same directive.

This situation has prompted two distinct cases being filed against Iceland in the EFTA Court. The first case focuses on the need to reduce landfill waste and imposes operational requirements at landfill sites, aiming to protect both the environment and public health. Prior to this court referral, the ESA had sent a formal notice and a reasoned opinion to Iceland in August 2022 and February 2023, respectively, but the issues remained unresolved, leading to the current escalation.

Packaging Regulations at Stake

The second case concerns Iceland's shortcomings in adhering to packaging and packaging waste regulations. Specifically, it questions the country’s lack of compliance with rules that define the acceptable types of packaging in the European Economic Area (EEA) and that establish management and prevention measures for packaging waste. These regulations are crucial for ensuring a balanced playing field among nations and for minimizing environmental harm.

Following an initial formal notice in March 2022 and a reasoned opinion in May 2022, the ESA issued another formal notice regarding these deficiencies. The referral to the EFTA Court represents the concluding phase in ESA’s infringement proceedings against Iceland.

Broader Context and Implications

This development aligns with a broader trend in which the European Commission has initiated infringement procedures against all 27 EU Member States over failures to meet legally binding collection and recycling targets. These targets include the Packaging and Packaging Waste Directive, which mandates recycling rates between 55% and 80% of packaging waste by 2008. Tim Sykes, the brand director at Packaging Europe, highlighted the delays faced by the Commission in addressing these matters over the past sixteen years. He indicated that such delays might reflect either an attempt to divert attention from criticisms of the existing Packaging and Packaging Waste Regulation or a necessary escalation in legal efforts needed to confront waste pollution effectively.

In addition to Iceland, various EU Member States have faced legal actions for different compliance issues. Countries like France, Greece, and Hungary have been challenged for not meeting specific waste management and recycling requirements.

Conclusion

The referral of Iceland to the EFTA Court marks a critical step in ensuring compliance with packaging and waste management regulations, emphasizing the need for robust oversight and adherence among EEA member states. As the court prepares to assess these cases, the outcomes could have considerable implications for Iceland’s environmental policies and its commitment to sustainable waste management practices.