Brussels, 29/07/2003 (Agence Europe) - As part of its ongoing efforts to ensure a high level of protection of the environment and human health, the European Commission has decided to take further legal action against France, United Kingdom, Portugal, Italy, Netherlands, Spain, Ireland, Belgium, Luxembourg and Greece for non-compliance with EU laws on water quality, despite several reminders. The final stage of the infringement proceedings has been reached in some cases, leading to fines on the Member States in question (under Article 228 of the Treaty) if they continue to fail to meet the requirements of the legislation. A breakdown of the proceedings for each of the Member States in question:
France tops the league for failing to comply with water legislation. It has been sent a first written warning under Article 228 of the Treaty for failing to comply with a 15 March 2001 ruling Case C-2000/147) by the Court of Justice condemned France for failing to meet water quality standards and for failing to carry out monitoring of bathing waters as frequently as the Bathing Water Directive stipulates (76/160/EEC).
The Commission has also decided to refer France to the Court of Justice (under Article 226 of the Treaty) for breaches (in Brittany) of the quality standards for nitrates laid down in the Drinking Water Directive (80/778/EEC). In 2001, 4.4% of the population of Brittany was supplied with drinking water that exceeded the limit of 50mg/l for nitrates, as stipulated in the Directive.
The Commission has also sent France a final written warning under Article 226 of the Treaty following the investigation of a complaint concerning the region of Deux-Sèvres, where intensive agriculture has increased nitrate and pesticide levels in both untreated water used for abstracting drinking water and water supplied to consumers. The Commission considers that this has led to breaches of the Surface Water Directive (75/440/EEC) and the Drinking Water Directive.
Luxembourg has been sent a final written warning under Article 228 in connection with the Nitrates Directive (91/676/EEC) following failure to comply with a Court of Justice ruling (Case C-2000/266). Luxembourg failed to maintain a balance between meeting crop requirements and the availability of nitrates from different sources, as foreseen by the Directive.
Belgium has been sent a first written warning under Article 228 of the Treaty for failure to comply with a Court of Justice ruling (Case C-2002/122) on failure to notify the national legislation needed to implement the EU's 1998 Drinking Water Directive. The necessary legislation is still lacking for the Walloon Region.
Spain is being referred to the Court of Justice for contravening the Urban Waste Water Directive, the Bathing Water Directive, and the Shellfish Water Directive at several beaches in Galicia. Results of monitoring show very high levels of faecal coliforms, an indicator of pollution due to sewage because of failure to adequately upgrade wastewater treatment operations in the area.
Ireland is being referred to the Court of Justice for failing to comply with the Groundwater Directive, following investigation of three complaints concerning failure to properly investigate and authorise groundwater discharges.
Greece is being referred to the Court of Justice on account of the inadequate measures that it has taken for treating Athens's urban waste water. The stricter treatment requirements foreseen to protect the receiving waters in the Gulf of Saronikos, which is a sensitive area, have still not been put in place - even though the deadline under the Waste Water Treatment Directive expired back in December 1998.
The United Kingdom has been sent a final written warning because its system for designating sensitive and less sensitive areas under the Urban Waste Water Treatment Directive is inadequate. In particular, the Commission is concerned that designations are not legally binding or made sufficiently clear to the public.
Portugal has been sent a final written warning in response to a complaint that discharges from milk-processing factories at Angra do Heroísmo in the Azores were contributing to marine water pollution. Portugal is not respecting the Urban Waste Water Treatment Directive (91/271/EEC) or the Framework Waste Directive (75/442/EEC, amended by Directive 91/156/EEC).
Italy has been sent a final written warning for failing to designate 11 bodies of water (lakes, rivers, basins etc.) as sensitive under the Urban Waste Water Treatment Directive.
The Netherlands have been sent a final written warning for failing to reduce sufficiently the pollution caused by discharges of urban waste water in its territory (set at 75% for nitrate) and the calculation methods for reduction levels under the Urban Waste Water Treatment Directive.