European Commission opens 3 new infringement procedures against Estonia

TALLINN – The European Commission has decided to open three new infringement procedures against Estonia for failing to meet waste collection and recycling targets, failing to transpose rules to protect persons who report breaches of EU law, and for failing to correctly apply the performance and charging scheme for air navigation services.

The European Commission decided to open an infringement procedure by sending letters of formal notice to Estonia  for failing to meet waste collection and recycling targets. The Directive on Waste Electrical and Electronic Equipment (WEEE) requires the separate collection and proper treatment of WEEE and sets targets for their collection, recovery and recycling. The minimum collection rate to be achieved annually by the member states is 65 percent of the average weight of electrical and electronic equipment placed on the market in the three preceding years in the member state concerned, or alternatively 85 percent of WEEE generated on the territory of that member state.

The majority of member states, including Estonia, failed to collect sufficient WEEE separately and therefore missed the EU collection target. Estonia now has two months to respond and address the shortcomings raised by the Commission. In the absence of satisfactory responses, the Commission may decide to issue reasoned opinions.

Additionally, the European Commission decided to send a reasoned opinion to Estonia for failure to communicate measures on the setting up of internal reporting channels by medium-sized companies, as required by the directive on the protection of persons who report breaches of EU law. 

Amongst other obligations, the directive requires member states to ensure that private companies with 50 or more workers establish channels and procedures for internal reporting allowing their employees to report breaches of EU rules confidentially. The deadline for member states to inform the Commission about such measures was Dec. 17, 2023.

In January 2024, the Commission sent a letter of formal notice to Estonia for failure to communicate the relevant transposition measures. Estonia has notified the relevant transposition provisions but has delayed their entry into force until Jan. 1, 2025. Therefore, the Commission has decided to issue a reasoned opinion to Estonia, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.

The Commission also sent a letter of formal notice to Estonia for failing to correctly apply certain provisions of the Single European Sky (SES) performance and charging scheme for air navigation services. The Single European Sky Regulations require member states to allocate common costs between route and terminal air navigation services in a proportional way on the basis of a transparent methodology. Member states must also include in their performance plans incentive schemes to support the achievement of performance targets.

The issues identified concern the inappropriate level or allocation of costs charged to airlines, as well as the insufficient financial incentives for service providers. The incorrect implementation of EU rules impacts not only the revenue of air navigation service providers but also the level of charges paid by airlines, as customers of those service providers. The Commission is therefore sending a letter of formal notice to 17 member states, including Estonia, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.