The European Commission decided to refer Croatia back to the Court of Justice of the European Union for failing to fully comply with the Court judgment of 2 May 2019.
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In this judgment, the Court found that Croatia had failed to meet its obligations under the Waste Framework Directive (Directive 2008/98/EU) in relation to an illegal landfill site in Biljane Donje.
Some 140 000 tonnes of production residue of processing of ferromanganese and silicomanganese has been deposited since 2010 directly on this illegal landfill site, less than 50 metres from houses.
The Court confirmed that the stone aggregate disposed of in Biljane Donje had to be considered as waste, rather than as a by-product. The Court further found that, being waste, the material had to be managed without endangering human health and without harming the environment.
Moreover, Croatia had to take necessary measures to ensure that the holder of the waste disposed of in Biljane Donje treats the waste itself or has it treated by a trader, an establishment or a company carrying out waste treatment operations or a public or private waste collector.
The Waste Framework Directive aims to protect the environment and human health through proper waste management, recovery and recycling techniques to reduce pressure on resources and improve their use.
The European Green Deal sets a Zero Pollution ambition for the EU. Full implementation of the standards enshrined in EU legislation is important to effectively protect human health and safeguard the natural environment.
To comply with the Court judgment, Croatia is expected to take all the necessary measures so this illegal landfill site in Biljane Donje is closed and rehabilitated as soon as possible.
More than three years after the judgment, Croatia has not taken any tangible steps: the abandoned waste creates health and environmental risks. It is not clear how the waste will be disposed of and when the site will be cleaned.
In the absence of any measures taken, the Commission decided to refer Croatia back to the Court. This is a second referral to Court which may result in financial penalties for the time elapsed from the first judgment until achieving compliance. ■