The action plan for compliance with EU law in the environmental area, adopted by the European Commission in January, is cruelly lacking in ambition to effectively address poor application of EU legislation and faulty environmental governance, says the European Economic and Social Committee (EESC).
According to the findings of a study by the Commission itself, this comes when the cost of non-compliance in this field amounts to €50 billion annually, and also causes unfair competition and economic loss. The measures set out “are only a tiny fraction of what is needed to ensure that environmental legislation is implemented” so that the problem is tackled at the right time and at the right level, says Arnaud Schwartz, who drafted the EESC opinion, in a press release published on Monday 17 September.
While commending the Commission’s communication, the EESC above all criticises the fact that the plan only talks about capacity building and support at the level of member states, failing to include measures that would provide for monitoring and enforcement at EU level, by the Commission. “Without such measures, this action plan is too soft and unlikely to lead to significant improvements in environmental compliance”, says the EESC.
The consultative body also regrets that the Commission is not tackling the root causes of poor application of EU law - in particular, the lack of political will on the part of member states – but simply suggests measures for addressing failings linked to insufficient understanding of the legislation or lack of capacity on the part of the states.
The EESC points out that, as guardian of the treaties, the Commission is responsible for ensuring all rules are complied with and that, in a timely manner, infringement procedures are set in place to protect the common interest, given the gravity of environmental deterioration throughout the EU. As the effects of environmental harm regularly spill over borders, member states guilty of non-compliance should be penalised accordingly.
An environmental compliance and governance forum – a group of high-level experts – was created by the Commission last March to help implement the action plan (see EUROPE 11982). (Original version in French by Aminata Niang)