Brussels, 28/02/2000 (Agence Europe) - The European Commission has decided to pursue the infringement proceedings begun against seven Member States for persistent non-compliance with Community legislation relating to the environmental impact assessment of certain public and private projects before their implementation (Directive 85/337/EEC amended by Directive 97/11/EC). Here is, in each case, the infringement committed and the stage of the proceedings:
Germany will receive a reasoned opinion under Article 228 of the treaty for not having carried out a ruling by the European Court of Justice of 22 October 1998 (case C-301/95) condemning it for not having correctly transposed into internal legislation the aforementioned directive. Not only does German legislation unduly dispense certain projects from assessment, but Germany has respected neither the deadline prescribed for transposition or communicate measures taken to that end. Should Germany still not comply with that ruling, the Commission could again turn to the Court and ask it to impose a financial penalty on the Member State (lump sum fine or daily penalty proportional to the infringement). Germany will also receive a reasoned opinion under Article 226 of the Treaty (second phase of the proceedings before being taken to Court) for not having completed transposing Directive 97/11/EC amending the previous Directive, whereas the prescribed deadline was 14 March 1999.
Austria, France, Luxembourg, Greece, Spain and the United Kingdom will receive reasoned opinions for not having complied with the deadline for transposing the directive.