Brussels, 27/01/2012 (Agence Europe) - In a further warning shot across the bows of four member states, the European Commission decided on 26 January to pursue the infringement proceedings after these countries, despite previous warnings, continue not to comply fully with EU environment rules (see EUROPE 10540). On the advice of Environment Commissioner Janez Potocnik, then, Italy, Belgium, Luxembourg and Poland will receive reasoned opinions (second stage of the infringement procedure), calling on them to bring their legislation into line with European law. These countries will have two months to comply, after which time the Commission may refer them to the Court of Justice of the EU (third stage of the procedure), where financial penalties may be imposed.
Environmental liability. Italy has failed correctly to incorporate all the provisions of the directive on environmental liability (Directive 2004/35) into its national law. This directive establishes a Europe-wide framework of environmental liability, based on the “polluter pays” principle, in order to prevent and remedy environmental damage. Among other things, the Commission has concerns about the absence of a strict (or no-fault) liability system, and the option for operators of using financial compensation rather than remediation. In response to a letter of formal notice of February 2008 and a first reasoned opinion the following year (23 November 2009), Italy notified amendments to its national legislation to address the shortcomings highlighted. The Commission takes the view, however, that these amendments do not resolve the major breaches of the directive. An additional reasoned opinion is, therefore, being sent.
Under strict liability (as opposed to fault-based liability) as provided for in the directive, operators are required to remedy any environmental damage they cause even if they are not at fault. This concerns a number of dangerous activities, including the release of pollutants into water, sea or into the air, industrial and agricultural activities requiring permits under the Integrated Pollution Prevention and Control Directive, waste management operations, the production, storage, use and release of dangerous chemicals, and the transport, use and release of genetically modified organisms.
Monitoring of water quality. The Commission is unhappy that Belgium and Luxemburg have failed to inform it of national measures to transpose Directive 2009/90/EC on technical specifications for chemical analysis and monitoring of water status when member states were set a deadline for this requirement of 1st August 2011. This “daughter directive” of the water framework directive requires member states to measure the concentrations of chemical pollutants in water, using methods that are sensitive enough to detect and quantify them at least down to the quality standards set for those substances.
Nature protection. Poland has been warned over a breach of the Habitats Directive (92/43/EEC). The case concerns a failure to assess the environmental impact of open-cast mining in a Natura 2000 (the pan-European network of protected natural habitats) conservation area at Goplo Lake in North Central Poland. The mine in question - an open cast brown coal mine of the new Tomislawice deposit at the Konin mine in Kleczew S.A. - is operated by the company Kopalnioa Wegla Brunatnego w Kleczewie S.A.
The Commission is concerned that insufficient data was provided for the assessment, and that erroneous assumptions may have altered the outcome, with potentially significant negative outcomes for protected flora and fauna. An initial letter of formal notice and meetings between the commission and the Polish authorities failed to resolve the situation. Under Community law, potential adverse effects on areas protected under the Habitats Directive and endangered bird species protected under the Birds Directive (79/409/EEC) must be properly assessed before any work can commence. (AN/transl.rt)