Brussels, 07/04/2011 (Agence Europe) - At a recommendation from Janez Potoènik, Environment Commissioner, the Commission decided on 6 April to go one step further in procedures against 11 countries (Austria, Belgium, Denmark, Spain, France, Greece, Hungary, Ireland, Portugal, Romania and the United Kingdom) which, despite calls to order, have still not taken the necessary measures to comply with EU law. The following infringements gave rise to action:
Industrial pollution. A letter of formal notice has been sent to Spain calling on it to comply with an EU Court of Justice ruling concerning permits for industrial installations. In November 2010, the Court had condemned it for failing to comply with the Integrated Pollution Prevention and Control (IPPC) Directive. Over one hundred industrial installations are still in operation despite the fact that they have no updated authorisation, when the directive made it an obligation for member states to issue, by 30 October 2007, new permits or revised existing permits for all industrial operations in operation before 30 October 1999. If Spain fails to provide a satisfactory answer, it will be liable to action before the Court a second time with, this time, the risk of being fined.
Austria is to be taken before the Court of Justice for a similar infringement of EU law. Despite a reasoned opinion sent to it in November 2009 (against 21 industrial installations operating with outdated permits), seven installations still do not have updated permits.
Water quality. Belgium, Denmark, Greece and Portugal have been taken before the Court of Justice for failing to publish their plans for the management of their water quality districts, when the deadline for doing so was 22 December 2009 in accordance with Directive 2000/60/EC. Any delay incurred by member states in implementation of the directive may prevent the EU from attaining the objective that it has set itself, i.e. the objective of good water quality of European waters by 2015, the Commission says.
Public participation in environmental decisions. The United Kingdom will be referred before the Court of Justice for inadequate application of Directive 2003/35/EC concerning public participation in the development of certain environmentally-related plans. The European Commission reproaches the British legislation for the excessive cost of certain judicial procedures which result in discouraging NGOs and individuals from attempting legal recourse against public bodies, when the directive explicitly stipulates that the cost of such action should not be prohibitive.
Under British law, “protective costs orders” can be granted to limit the amount a public authority can recover from a challenger at the end of the case. The Commission, however, is concerned about the lack of clear roles for granting such orders, and at their discretionary and unpredictable nature. Furthermore, under British law, applicants for interim measures and injunctions suspending work on projects have to provide a “cross undertaking in damages”, proposing to pay damages if the injunction turns out to be unfounded. This puts applications for such orders beyond the reach of most applicants, although such orders can be essential to protect sites from environmental damage whilst litigation is ongoing, the Commission explains. Despite amendment to national legislation announced one year ago, nothing has yet changed.
Air quality. Belgium will be taken to Court for persistently failing, in eight areas, to comply with EU air quality limit values for airborne particles known as PM10, under Directive 2008/50/EC. Extension of the time requested for transposition by the Belgian authorities has been refused by the Commission, and correcting measures demanded in a reasoned opinion have still not been taken. Romania has received a reasoned opinion for exceeding limit values in nine zones. If it does not provide a satisfactory response within two months, it will be taken before the Court.
Residual waste water. Belgium has received a reasoned opinion urging it to immediately ensure adequate treatment of waste water from small agglomerations, as set out in Directive 91/271/EEC. Despite a first letter, 77 small urban areas in Flanders and Wallonia have still not been connected to a satisfactory residual waste water collection network, and secondary treatment installations are still lacking in 116 small agglomerations of these regions.
Protection of the marine environment. France and Ireland will be receiving a reasoned opinion for non-compliance with the obligation to transpose the Marine Strategy Framework Directive into national legislation by 15 July 2010.
Protection of Nature. Hungary has received a reasoned opinion for having unduly authorised the building of an aerial power line in an area protected under Wild Birds Directive 79/409/EEC. The commitment taken by the Hungarian authorities to withdraw the dangerous sections of the power line in April 2010 at the latest have not been kept. (A.N./transl.jl)