Poland is threatening to take Germany to the European Court of Justice over Berlin’s inaction with regard to the removal of 35,000 tonnes of illegally dumped waste.
According to Poland’s environment ministry, Germany has for several years been ducking responsibility for clearing up and removing the waste, which has been found in seven different locations.
According to European law, waste producers are liable for their waste until it has been properly disposed of. In the case of illegal waste dumping, criminal responsibility could be assigned to either the German exporter or the Polish importer.
Poland’s deputy minister for climate, Jacek Ozdoba, told Polish media that despite repeated requests from his ministry Germany has been refusing to accept responsibility for the removal of waste from Polish territory. “The Federal Republic of Germany has been evading some very fundamental things, like environmental care,” Ozdoba said, adding that Germany’s behaviour was a violation of EU treaties. According to Ozdoba, Germany bears full responsibility and Poland was fully within its rights to bring the matter to the Luxembourg court.
“Today we are in the vanguard of countries who are active in preventing waste from questionable sources reaching our territory. This stance is proving to be effective. I hope that Germany will deal with the waste before we file our complaint,” the minister said.
Ozdoba said Germany’s public declarations in favour of the environment must be matched by action. “Germany is one of the main initiators of EU climate policies. This is why we expect that its declarations about the state of the environment will be matched by deeds and that the illegal waste will, in accordance with the law, be removed from Polish territory.”
This is not the first time Poland and Germany have clashed over the dumping of waste. In September 2020 Ozdoba sent a similar demand to the German environment ministry. Berlin’s federal authorities denied responsibility and referred the matter to the state authorities in Saxony, where the exporting company was based. The company rejected demands for the waste to be returned.
Poland has amended its penal code by raising fine levels. A digital transport registry system has also been introduced, meaning companies now have to register every truck that imports waste to Poland with the national revenue administration.
These actions have followed public concern and media reports claiming Poland was becoming a dumping ground for foreign waste and a “playground” for organised crime, which is heavily involved in the toxic trade. In 2018 alone there were over 130 fires at Polish landfills. German companies are among the prime suspects as they can halve their disposal costs by sending their rubbish across the border.
EU Member States rarely take each other to the EU court.
