Source: European Parliament
Concerning implementation of the judgments of the European Court of Human Rights, EU Member States — Parties to the European Convention on Human Rights — are responsible to implement these judgments in their jurisdictions.
In relation to the implementation of EU legislation, in 2015 the Court of Justice of the European Union[1] ruled that Italy had to pay a daily penalty of EUR 120 000 for failure to establish the infrastructure necessary for the treatment of the municipal waste generated in the Campania region[2].
The Commission is closely monitoring the implementation of the ruling and the payment of the penalty. In 2021, progress has been made in Campania on the incineration capacity and the daily penalty has been reduced[3]. Discussions are currently ongoing on the regional capacity for landfill and the organic fraction.
So far, Italy has paid EUR 325 760 000 in fines. The Commission will pursue its enforcement action to ensure that the Italian authorities take all the necessary measures to comply with the Court’s ruling.
Under the current cohesion policy[4], the European Regional Development Fund[5] allows for investments in soil decontamination and remediation, rehabilitation of industrial sites and contaminated land, including old and illegal landfill sites, provided the investment does not increase the capacity of the landfills[6].
State aid rules and the ‘polluter pays principle’[7] must be respected. Disposal of waste in landfill is legally excluded from support[8].
More specifically, the Campania Regional Programme 2021-2027[9] promotes interventions for the remediation and environmental protection of areas concerned with waste abandonment and illegal disposal in accordance with the priorities laid down in the regional remediation plan (around EUR 35 million).
- [1] Case C-653 /13, in the framework of infringement INFR(2007)2195: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62013CJ0653
- [2] The decision also covers the treatment of the historical waste (known as ‘ecoballe’).
- [3] To EUR 80 000 per day.
- [4] https://ec.europa.eu/regional_policy/policy/what/investment-policy_en
- [5] https://ec.europa.eu/regional_policy/funding/erdf_en
- [6] Article 7(1)(f)(ii) of Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund PE/48/2021/INIT OJ L 231, 30.6.2021, p. 60-93.
- [7] Article 191(2) of the Treaty on the Functioning of the European Union. According to this principle, those responsible for environmental damage should pay to cover the costs. This applies to prevention of pollution, remediation, liability (criminal, civil and environmental liability) and the costs imposed on society of pollution that does happen.
- [8] Except for investments for decommissioning, reconverting or making safe existing landfills provided that such investments do not increase their capacity.
- [9] https://europa.regione.campania.it/en/approvazione-del-programma-regionale-pr-campania-fse-2021-2027/ https://europa.regione.campania.it/en/programma-regionale-campania-fesr-21-27/