Brussels, 26/04/2013 (Agence Europe) - In the avalanche of monthly infringement proceedings that fell on Thursday, the Commission decided to send a reasoned opinion (second stage in infringement proceedings) to several member states that have still not brought their national bodies of law into line with EU environmental legislation, despite a letter of formal notice addressed to them earlier. Those countries will have two months in which to address the matter, failing which the European Commission will be empowered to refer them to the EU Court of Justice.
Referrals to the Court of Justice.
Cyprus. The Commission considers that Cypriot legislation is in breach of Directive 2003/35/EC that provides for public participation during the development of certain plans and programmes relating to the environment (and amending Directives 85/33/EEC and 96/61/EC). In application of that directive, member states are to ensure access to administrative and judiciary appeal procedures linked to the environmental impact assessment of certain projects and plans. The national body of law in Cyprus places an excessive limit on access to justice by certain NGOs. In response to a letter of formal notice, Cyprus announced its intention to amend its legislation but no measures along these lines have been taken since notified to the Commission.
Estonia. The Commission is concerned that Estonia's laws on access to information regarding the environment are falling short of European standards. Estonia recognised this after receiving a letter of formal notice but has still not remedied the matter. Estonian legislation unduly omits the requirement to take account of public interest when rejecting a request on internal communications, the obligation to designate the authority that has drafted documents undergoing finalisation, and the obligation of indicating the time deemed necessary for finalising documents.
Germany. The European Commission considers that German legislation presents shortcomings with regard to access by individuals and NGOs to justice, especially concerning decisions that come under the directive on assessing the environmental impact of projects and the IPPC (integrated pollution and prevention) directive on industrial emissions. Pursuant to Directive 2003/35/EC, member states must ensure that the stakeholders or parties that claim their rights have been infringed - including NGOs - are able to take action to contest the legality of decisions relating to the environment. In response to a letter of formal notice addressed to it last October, Germany, indeed, adopted a new legislation recently but the Commission is not convinced that the shortcomings have been addressed.
Flood prevention. The Commission considers Poland's flood prevention programme is in breach of EU environmental law in several respects. It was not the object of an appropriate impact analysis, in breach of the directive on strategic environmental impact assessment for certain public and private projects. Out of the 140 projects included in the programme, 120 are not in line with the Habitats directive. Furthermore, as it compromises the capacity of water to reach a good ecological status by 2015, it also infringes the framework directive on water.
Waste. Spain is requested to improve conditions at the Barranco de Sedases waste site (in Fraga, in the province of Huesca), which is operated without the required authorisation when it should have been closed down definitively or brought into line with specifications by 16 July 2009. Despite a letter of formal notice on 1 June 2012, Spain has not complied with the framework directive on waste (2008/98/EC). (AN/transl.jl)