Brussels, 05/10/2010 (Agence Europe) - As it will every month from now on, the European Commission decided on 30 September to move on a stage in the infringement proceedings underway against some 10 member states which, despite having been called to order, persist in their failure to respect the European legislation applicable in the field of the environment. A reasoned opinion (second stage of the proceedings) has therefore been sent out to the authorities of these countries with details of the shortcomings they are invited to remedy within two months if they are to avoid being brought before the Court of Justice of the European Union (third stage of the proceedings). Here, for each of the cases, are the field and nature of the infringement in question:
Air quality: Austria, the Czech Republic, Germany, Poland and Slovakia are accused of infringing Directive 2008/50/EC. The Commission believes they have been derelict in their duty since 2005 to respect the upper limits applicable to tiny airborne particles (PM10) which are the most dangerous to human health as they are linked to asthma, cardiovascular problems, lung cancer and early death. The five member states in question had requested temporary derogations - an option open to them under the said directive as long as the countries have shown proof of efforts made to observe the required standards via a plan to improve air quality - but the Commission takes the view that the conditions were not met for all of the areas exceeding the limits. For Austria, Germany and Poland, new postponement requests notified to the Commission are still being looked into. The Commission believes that there is still time, if applicable, to abandon its proceedings if these countries are shown to be within their rights.
Water quality: Belgium is under scrutiny a second time for non-respect of the framework directive on water (Directive 2000/60/EC) in Wallonia, Flanders and in the Region of Brussels Capital. The Commission noted differences in the definitions and gaps in the description of the measures to be taken to achieve good water quality by 2015, as the directive calls for. The Belgian authorities have adopted new legislative provisions to remedy the shortfalls observed, but the Commission feels that these are still not enough to resolve all of the problems identified.
Chemicals: the Commission is concerned that Belgium, the Czech Republic and Greece have failed fully to transpose into their internal laws the directive on the classification, packaging and labelling of chemical substances and mixtures, which aims to bring European law into line with the harmonised system of the United Nations. By guaranteeing that the dangers specified on the labelling of products will be the same throughout the world, this text should help to improve the public's knowledge of chemical products and thus help to protect the environment and health. The member states had until 1 April 2010 to fulfil their obligations. However, these three countries failed to notify all of their national measures within the deadline.
Industrial pollution: Greece is called upon fully to respect the provisions of the directive on integrated pollution prevention and control (Directive 2008/1/EC, known as the IPPC directive). The country is suspected of failing to respect the obligation upon it and all member states are to submit a report to the Commission every three years on the implementation of this directive, which is essential to prevent and fight air, soil and water pollution from industrial and agricultural infrastructure.
Flood prevention: Austria and the Czech Republic are called to order for failing to respect the directive on the assessment and management of flood risks (directive 2007/60/EC). This text obliges the member states to carry out by 2011 a preliminary evaluation of the flood risks for river basins and coastal areas, then to draw up flood risk maps for these areas by 2013, and then to submit management plans based on prevention, protection and preparation, by 2015.
The Commission states that the Czech Republic has not notified the Commission of the implementation of this directive, which was to have been transposed into national law by no later than November 2009. Austria has provided the Commission with only partial information (so far, only one regional measure has been notified). Both of these member states were sent a letter of formal notice in March 2010, which led to no changes to the situation. In a press release, the Commission explains that “ensuring prompt and correct implementation of EU legislation by member states is a priority for the Commission”. (A.N./transl.fl)