Brussels, 16/01/2001 (Agence Europe) - The Commission has decided to initiate infringement proceedings against Belgium, Spain and Luxembourg which continue in their failure to fully comply to the European directive on the impact assessment of certain public and private projects on the environment (Directive 85/337/EEC). These three countries will have action taken against them at the European Court of Justice (third stage in the proceedings), for the following reasons:
Belgium. The Commission reproaches this Member State with two things: 1) Belgian legislation covering the Flanders region does not guarantee that, where an assessment is required, a building permit will only be issued after full account has been taken of information obtained in previous stages of the assessment procedure; 2) Belgium has neither adopted nor transmitted to the Commission within the given time (March 1999 deadline) the national legislation that was to transpose into national law the changes brought to the directive in 1997 (Directive 97/11/EC).
Luxembourg. This Member State did not correctly apply the provisions of the directive in the construction of the "Route de la Sarre". The road project was approved without a substantial modification of the project being subject to public consultation beforehand.
Spain. This Member State did not comply with the directive in granting building permits for the rail link between Valencia and Tarragona. The environmental impact assessment had indeed been made but not in the conditions that complied with the terms of the Environment Impact Assessment Directive.
In a press release, the Commission underlines the importance that it attaches to this directive described as the cornerstone of environmental legislation in that it requires Member States carry out an assessment of a large variety of projects before authorising their implementation (for certain projects, given in Annex I, the assessment is compulsory, while, for others listed in Annex II, it is up to Member States to make a selection between the projects requiring, or not requiring, prior assessment). The aim is to know the potential effects on the environment of projects, in time to be able to prevent or alleviate them. This directive "is central to wise environmental decision-making. The Commission is committed to ensuring that national laws and practice recognise this", stresses Margot Wallström, the Environment Commissioner.