Keywords
Summary

Keywords

1. Environment - Waste - Directive 75/442, as amended by Directive 91/156 - Duty to draw up as soon as possible one or more waste management plans - Scope

(Council Directives 75/442, Art. 7(1) and 91/156, Art. 2(1), first subpara.)

2. Member States - Obligations - Implementation of directives - Failure to fulfil obligations - Justification of setting more ambitious objectives than those pursued by a given directive - Not permissible

(Art. 226 EC)

Summary

1. The duty to draw up waste management plans, in accordance with Article 7(1) of Directive 75/442 on waste, is an obligation as to the result to be achieved. It cannot be satisfied by steps preparing for or contemplating the drafting of such plans or by the creation of an appropriate regulatory framework for attaining that objective.

The inclusion of the words as soon as possible in Article 7(1) is an indication that the period laid down in the first subparagraph of Article 2(1) of Directive 91/156, which amends Directive 75/442, for transposition of the directive does not relate to the obligation to draw up waste management plans. If that were the case, the words would be meaningless. It thus follows that the words as soon as possible are to be interpreted as stipulating, in principle, a reasonable period for compliance by the competent authorities of each Member State with that particular obligation, that period being unconnected with the period laid down for transposition of the directive.

( see paras 39, 41 )

2. The fact that a Member State claims that it has set itself more ambitious objectives than those pursued by a given directive does not relieve that Member State of its obligation to comply, at the very least, with the requirements laid down in that directive within the period allowed.

( see para. 48 )