BRUSSELS, Dec. 4, 2002 -- The European Commission is to start infringement proceedings against France, Spain and Italy following their failure to provide information about possible breaches of EU environmental law.
After receiving a number of complaints about possible breaches, the commission wrote to the three Member States requesting further information. None of them have acted. By not co-operating with the commission these three Member States are in breach of Article 10 of the EC Treaty, which requires Member States to co-operate actively with the commission to attain the objectives of the Treaty.
France, Spain and Italy will receive a letter of formal notice (the first stage of infringement proceedings provided for in Article 226 of the EC Treaty). In the absence of a satisfactory reply within two months, the commission may decide to issue formal requests to the three Member States (in the form of so-called 'reasoned opinions', the second stage of infringement proceedings) to comply with their Treaty obligations.
Commenting on the decisions, Environment Commissioner Margot Wallstrom said: "If Member States fail to provide promptly the information requested, the commission is hampered in dealing efficiently with environmental complaints from citizens. I would, therefore, urge France, Spain and Italy to provide the assistance requested."
Commission rules provide for the systematic registration and investigation by the commission of complaints concerning possible breaches of EU law. Environmental complaints represent a large share of the total number of complaints received annually by the commission.
Dealing with complaints requires the active co-operation of Member States, particularly to clarify the facts and to state official positions. Such co-operation is required under Article 10 of the EC Treaty.
The complaints for which France, Spain and Italy have still not made information available, in spite of reminders from the commission, concern the following:
France
Lake at Canet in the Pyrenees
A lake at Canet which is important for the conservation of wild birds is claimed to have deteriorated as a result of pollution and flood-control works. The commission needs information from France to determine whether this infringes the Directive on the conservation of wild birds which aims to protect important bird sites (79/409/EEC as amended by 92/43/EEC).
Access to information about a factory at Carling
It is claimed that, contrary to the Directive on access to environmental information (Directive 90/313/EEC), German citizens have not received requested information concerning a chemical factory at Carling near the Franco/German frontier.
Spain
Waste project near a residential district of Barcelona
Following a complaint, the commission sought information from Spain in order to confirm that a waste facility in Barcelona was compliant with the Directive concerning the safe management of waste (Directive 75/442/EEC as amended by 91/156/EEC).
Urban development plan for Cartagena, Murcia
Following a complaint that a new urban development plan had been approved for Cartagena in February 2000 without an assessment of possible effects on nearby habitats nominated for protection under the Habitats Directive aimed at conserving endangered habitats (Directive 92/43/EEC), the commission sought information from the Spanish authorities. The lack of assessment may amount to a breach of the directive.
Waste water discharges from the town of Almendralejo, Badajoz
A complaint claims that, each year, during the month of September, the waste-water treatment plant for the town of Alendralejo stops functioning as a result of being overloaded by wastes from the olive-processing sector. It is claimed that, as a result, there is pollution of nearby lakes. This could represent an incorrect application of the Directive on the treatment of urban waste water (Directive 91/271/EEC).
Waste water discharges from the agglomeration of Islas Menores in Murcia
A petition to the European Parliament claims that the agglomeration of Islas Menores lacks a proper system for the collection and treatment of urban waste water, with resulting water pollution. This could represent an incorrect application of the Directive on the treatment of urban waste water (Directive 91/271/EEC).
Italy
Water transfer from Lake Ancipa to Lake Pergusa in Enna
It is claimed that the environmental impact of a project to channel water from Lake Ancipa to Lake Pergusa has not been properly assessed and that it will damage a site protected for the conservation of wild birds. This could represent an incorrect application of the directive on environmental impact assessment (85/337/EEC) and the directive on the conservation of wild birds (79/409/EEC).
The Tangenziale Sud road project in Treviso
It is claimed that no environmental impact assessment has been carried out for a 4-lane road project, the "Tangenziale Sud", in the municipalities of Conegliano and San Vendemiano in Treviso. This could represent an incorrect application of the directive on environmental impact assessment (85/337/EEC).
Background information
Birds Directive
The Wild Birds Directive is the EU's oldest piece of nature conservation legislation. It creates a comprehensive scheme of protection for wild bird species of the EU. There are a number of separate but related components to this scheme. One relates to habitat conservation, and includes a requirement to designate Special Protected Areas (SPAs) for migratory and other vulnerable wild bird species.
The Habitats Directive
Directive 92/43 envisages a protection scheme covering a range of animals and plant species, as well as a selection of habitat types. It provided for the creation of a network of protected sites known as Natura 2000, which will, when fully in place, embrace special protection areas designated under the Wild Birds Directive, as well as sites proposed under the Habitats Directive. A set of safeguards will apply to all sites in the network.
This network should ensure that the best examples of the Union's natural habitats, as well as areas hosting rare and endangered plant and animal species, are properly conserved and protected.
Access to information directive
Directive 90/313/EEC on the freedom of access to information on the environment gives the public access, on request, to information held by public authorities on the environment. There are limited grounds for refusing information.
Waste management directive
Directive 75/442/EEC set up a system for the coordinated management of waste within the EU in order to ensure the safe disposal and recovery of waste. In particular it requires Member States to prohibit the uncontrolled discarding, discharge and disposal of waste and to promote the prevention, recycling and conversion of wastes with a view to their reuse.
Urban waste water directive
Directive 91/271/EEC is intended to harmonize measures on urban waste water treatment throughout the EU. The Directive establishes a time-table, which Member States must adhere to, for the provision of collecting systems for urban waste water in agglomerations which meet the criteria laid down in the Directive.
The Environmental Impact Assessment Directive
Directive 85/337/EEC, which has been amended by Directive 97/11/EC, requires Member States to carry out environmental impact assessments (EIA) on certain public and private projects, before they are authorized, where it is believed that the projects are likely to have a significant impact on the environment. The objective of an EIA is to identify and describe the environmental impacts of projects and to assess whether prevention or mitigation is appropriate. During the EIA procedure, the public can provide input and express environmental concerns with regard to the project. The results of this consultation must be taken into account during the authorization process.
