Iceland referred to EFTA Court over packaging waste and landfill regulation failures

The EFTA Surveillance Authority (ESA) has referred Iceland to the EFTA Court over its alleged failure to fully implement European Economic Area (EEA) legislation on packaging waste and landfill site management.

The first case brought before the Court concerns Iceland’s limited compliance with the Waste Framework Directive. According to ESA, several municipalities in the country have yet to adopt the regional waste management plans required under Article 28 of the Directive. Additionally, the national waste prevention programme has reportedly not been reviewed or updated as required by Article 29, which mandates regular evaluation and revision.

This case also raises concerns about the operation of landfill sites, suggesting that Iceland has not met the necessary conditions to restrict waste sent to landfill and ensure the protection of both public health and the environment. Formal infringement proceedings began with a letter of formal notice issued in August 2022, followed by a reasoned opinion in February 2023.

A second case filed by ESA focuses on Iceland’s partial application of EEA rules concerning packaging and packaging waste. These rules establish requirements for the types of packaging allowed on the EEA market and set out standards for the management and prevention of packaging waste. The aim is to ensure consistent environmental protection and fair competition across the EEA.

ESA initially raised the issue with a letter of formal notice in March 2022, followed by a reasoned opinion in May 2022. As Iceland has not taken sufficient corrective action, ESA has now referred the matter to the EFTA Court.

These two referrals represent the final step in ESA’s formal infringement process. The EFTA Court will now assess Iceland’s compliance and deliver a ruling.