On Thursday 25 July, the European Commission referred Belgium, Greece and France to the Court of Justice of the European Union (CJEU) for failure to comply with directives designed to protect the environment and public health.
Belgium is accused of failing to take sufficient measures to combat nitrate pollution in the Flemish region, as required by the Nitrates Directive (Council Directive 91/676/EEC). The aim of this directive is to protect surface and ground waters against pollution from agricultural sources. In recent years, pollution levels in Flanders’ ground and surface waters have worsened considerably, making it one of the most polluted areas in the European Union. Reports from the Flemish authorities show that successive action programmes have failed to reduce pollution levels, which remain excessively high, posing risks to human health and the environment. In response to this situation, the Commission sent a letter of formal notice to Belgium in February 2023, followed by a reasoned opinion in September 2023. Taking the view that the Flemish region has still not taken the necessary measures, the Commission has referred the matter to the CJEU.
Greece has also referred for non-compliance with its obligations to collect and treat urban waste water, as set out in directive 91/271/EEC. This directive aims to protect public health and the environment by requiring urban waste water to be collected and treated before being discharged. Although some progress has been made, the infrastructure needed for proper collection and treatment is not fully in place. The Commission sent a letter of formal notice to Greece in May 2020, followed by a reasoned opinion in December 2021. The Commission considers that the efforts made by the Greek authorities are insufficient, therefore it has decided to refer the case to the CJEU.
Lastly, France has been referred for failing to comply with the standards on maximum nitrate concentration in drinking water, as stipulated in the Drinking Water Directive (Directive (EU) 2020/2184). This directive aims to protect human health against the harmful effects of contaminated drinking water. In France, over a long period of time, the drinking water supplied to certain parts of the population exceeded the maximum nitrate concentration, affecting 107 water supply areas in seven regions. The Commission sent France a letter of formal notice in October 2020, followed by a reasoned opinion in February 2023. Despite the efforts of the French authorities, the measures taken have been deemed insufficient, leading to the referral to the CJEU. (Original version in French by Nithya Paquiry)