European Court of Justice: Greece is once again in court for garbage

For the second time, Greece has been referred to the Court of Justice of the European Union because it has not rehabilitated the Sanitary Landfill on the island of Zakynthos, which operates within a Natura 2000 protected area. The reason is the failure of Greece to comply with the instructions of Court since 2014. The second referral process, if drastic measures are not taken immediately, will likely result in the imposition of unconscionable fines.

Illegal dumps

Greece still pays fines for operating illegal landfills, another case for which it was convicted by the European Court of First Instance in 2005 and fined in 2014 as 1,125 uncontrolled waste disposal sites were still operating in its territory. The monetary penalty was then 10 million euros one-off and 80,000 euros per landfill for each year it remains open.

Today, almost a decade later, Greece still pays the sum of 80,000 euros, on an annual basis, for each of the 23 landfills that remain open. According to recent statements by the General Secretary of Waste, Mr. Manolis Grafakos, the goal of the Ministry of Foreign Affairs is to have fines zero by the end of 2024.

However, for this to happen, the construction of all waste management infrastructure in the country must be completed, and recycling, which remains below 20%, must also progress. In fact, according to data presented a few days ago at the 15th Panhellenic FODSA (Solid Waste Management Agencies) meeting, recycling and the development of sorting at the source of separate waste streams are at a standstill, especially in relation to the goals of the National Waste Management Plan (NSMP). 2020 – 2030 and the intermediate date of 2025.

This fact, as mentioned during the meeting, leads to the need for the country to submit a proposal to the Commission, for a review and time shift from 2025 to 2030 in terms of achieving the recycling goals. Also, the target of reducing the landfill rate to 10% must be shifted from 2030 to 2035.

In addition, Greece is accountable to the EU for other waste management matters. It also currently pays fines for the improper management of hazardous waste across the country. Furthermore, the Court found that the Kiato landfill is operating in breach of EU waste and landfill legislation. Finally, the Commission had sent a warning letter to Greece in 2021 to urge the Greek authorities to properly treat waste before storage in 84 landfills.

The case of Zakynthos

On July 17, 2014, the Court ruled (case C-600/12) that the Zakynthos Landfill does not meet the conditions and requirements of European environmental legislation and that Greece continues to operate a dysfunctional landfill. In April 2017, the Commission sent a warning letter to the Greek authorities due to non-compliance with the Court’s decision.

After the last reminder, Greece stopped the disposal of waste at the landfill, however the site has not yet been rehabilitated in order to comply with the Court’s decision. The various deadlines notified by Greece to the Commission have been postponed and therefore the country has not communicated a reliable timetable for the full implementation of the Court’s ruling.

Thus, the Commission decided to re-refer the case to the Court of Justice of the European Union. As this is the second referral, sanctions are expected to be imposed for the period between the first decision in 2014 and the country’s full compliance.