Brussels, 23/03/2012 (Agence Europe) - Among the monthly stream of infringement procedures launched on Thursday 22 March (see EUROPE 10580), the Commission has singled out four member states (Italy, Poland, Slovakia and Sweden) for their persistent failure to respect EU environmental legislation. Each of them has received either one or two reasoned opinions (second stage of the proceedings) and will have two months to put matters right, with failure to do so exposing them to proceedings before the Court of Justice. Here, for each of the cases, is the legislation concerned and the infringement committed.
Water protection. The Commission has criticised Italy for failing to fully transpose into its internal law the framework directive on water, even though the cut-off date expired in December 2003. This directive obliges the member states to draft and update “river basin management plans”, providing a detailed description of how the ecological, quantitative and chemical objectives laid down for river basins are to be achieved in line with an agreed timetable.
However, Italy has failed correctly to transpose the need to set in place measures to achieve the “good status” objectives laid down for river basins within the agreed timeframe and the obligation to keep a register of protected areas up to date. As for Appendix II to the directive, which covers the characterisation of surface and groundwaters, the Italian legislation has not transposed the requirements to monitor the discharge of extra water into groundwater bodies, and to produce the maps required to describe the levels of chemical substances and quantities of water in each groundwater body.
Waste. Slovakia has not corrected transposed Directive 94/63/EC on packaging and packaging waste. The Commission believes that Slovakian legislation does not do enough to encourage the recycling and use of recycled materials, and that it does not prioritise energy recovery when this is preferable to recycling for environmental and cost-benefit reasons. Additionally, the national legislation contains provisions which restrain competition in the packaging and packaging waste sector. Although Slovakia agreed to change its legislation following a letter of formal notice sent to it in November 2010, the changes have not been made quickly enough for the Commission's tastes.
Strategic environmental assessment. Slovakia has not carried out the environmental assessment required by Directive 2001/42/EC for its programme of preparing and building motorways and major roads for the period 2007-2010. In response to a letter of formal notice sent to it in November 2010, the country stated - incorrectly, in the view of the Commission - that this programme of a financial or budgetary nature does not lie within the scope of application of the directive. The Commission takes the view that this programme provides measures which manifestly have a major impact on the environment. Sweden has not transposed this directive correctly. Its national legislation unduly restricts European law: it provides for strategic evaluations to be made available only to parties which gave their opinion during the consultation procedure accompanying the creation of the plan, whereas the directive requires all authorities and the general public invited to take part to be informed as well.
Proper disposal of end-of-life vehicles. Poland is not complying with the aim of the directive, which is to enforce producer responsibility and ensure that end users and small businesses do not have to contribute to the collection system. Its national legislation calls on individuals and small-scale operators (importing fewer than 1,000 vehicles a year) to pay an annual subscription of 500 zl (€121) into an environment fund. The Commission considers that this amount is arbitrary and penalises small operators. In response to a letter of formal notice sent to it in May 2009, Poland and announced changes to its legislation, but these changes are still pending. (AN/transl.fl)