Brussels, 17/02/2011 (Agence Europe) - Several member states of the EU face financial penalties if they persist in their failure to observe European legislation in the field of the environment and the infringement leads the Commission to bring the case before the Court of Justice. The news was announced on Wednesday 16 February, when the college of commissioners adopted its monthly batch of decisions on infringement proceedings (EUROPE 10317).
By virtue of a policy in the field, which entered into force on 15 January 2011 (Official Journal C12 of 15/01/2011), the European Commission is no longer - as was previously the case - obliged to wait for a second ruling of the Court of Justice before it can ask the Court to fine non-compliant member states. It can now do so after bringing the matter before the Court for the first time. In several cases, the delay in implementation of European legislation is behind the Commission's decision, as it attaches great importance to the timely transposition of the legislative arsenal of the EU.
Here, in each of the cases, is the nature of the infraction and the stage of proceedings:
Assessment of impact on the environment. The Netherlands will receive a letter of formal notice and maybe brought before the Court of Justice for the second time for failing to execute a 2006 ruling over the inadequate implementation of Directive 85/337/EEC on the assessment of the impact of certain public and private projects on the environment. The Court ruled that under Dutch legislation, the threshold above which assessment becomes obligatory not take sufficient account of all possible consequences. The Dutch authorities announced changes to legislation to rectify the matter before the end of 2010, but the Commission does not accept that this project has now been postponed in mid-2011. The Netherlands will now have two months to keep their promise.
Waste water treatment. Greece will receive a formal notice calling on it to execute a ruling of the Court of October 2007, over the absence of a waste water treatment system in 20 Greek cities, which runs counter to Directive 91/271/EEC.
Fourteen of these cities have since then been brought into line, but shortcomings persist in another nine cities. In four densely populated cities (Markopoulo, Artemida, Rafina and Koropi), construction work co-funded by the budget of the EU will not be finished until 2013. In a fifth city (Nea Makri), the site selected for the project was rejected. Elsewhere (Lithoro and Lefkimmi), work continues, whereas in the other cities, no sample result has been produced to demonstrate the correct functioning of the infrastructure set in place.
Surface water quality. The Commission will send a second reasoned opinion to Poland, which has still not notified all of the required legislative provisions to transpose into its internal law the directive on priority substances to complete the framework directive on water. The cut-off date for the member states to complete this transposition was 13 July 2010. Poland will have two months to come into line, or the Commission will be able to bring the matter before the Court for a second time, this time together with a request for financial penalties.
Flood prevention. Austria and the Czech Republic will each receive a second reasoned opinion for failing to notify the Commission of their measures to transpose Directive 2007/60/EC on the assessment and management of flood risks, even though the deadline to do so expired on 26 November 2009. Unless these two member states comply with their legal obligation, the Commission will be able to bring them before the Court of Justice.
Waste management. Slovakia could be brought before the Court of Justice for its persistent failure to observe Directive 1999/31/EC. This is due to the Povazky Chlmec landfill site, which has existed since 1992. As this made it an “existing landfill site”, it required specific documents to be submitted by the operator in order to be able to continue to function after 16 July 2009.
Strategic environmental assessments. Slovakia will receive a reasoned opinion (third stage before bringing the matter before the Court of Justice) for its incomplete transposition of Directive 2001/42/EC on assessing the impact on the environment and certain plans and programmes.
Air quality: Latvia will receive a reasoned opinion for its persistent infringement of Directive 2008/15/EC on the quality of ambient air. The Commission charges this member state with failing to take effective measures to remedy the exceeding of the other limits applicable to daily particle concentrations (PM10) in all parts of Latvia. The country asked for an extension on the grounds of respecting standards in one area, but the Commission takes the view that the conditions for this extension to be granted have not been fulfilled. (A.N./transl.fl)