Bathing water quality and impact assessment: Commission proposes fines against the United Kingdom and Germany

Brussels, 22 December 2000

The European Commission has decided to initiate proceedings before the European Court of Justice for the second time against the United Kingdom and Germany to enforce judgments already given by the Court. The case against the United Kingdom concerns non-compliance with the Bathing Waters Directive at two beaches on the Fylde Coast in North West England. The proceedings against Germany concern its failure to implement the Environmental Impact Assessment Directive. In both cases the Commission also decided to propose to the Court to impose fines of EUR 106 800 per day on the UK and EUR 237 600 per day on Germany. Commenting on the decision, Margot Wallström, Environment Commissioner, said: "It is always unfortunate when the Commission is faced with the need to apply to the Court of Justice for a second time. I hope that both Member States will be in a position to comply with their obligations under these two important Directives as soon as possible to avoid judgment having to be given."

The Bathing Water Quality Directive (Council Directive 76/160/EEC concerning the quality of bathing water) is important for public health, aiming to ensure that bathing waters meet minimum quality criteria by establishing a set of Community standards - some binding, others (more stringent) guide values - for a range of key parameters (such as faecal bacteria present) and by requiring Member States to carry out regular water quality monitoring. The legal deadline for complying with the standards expired in 1985.

The Commission's present action follows up the judgment by the European Court of Justice against the United Kingdom in 1993 for its failure to ensure that nine bathing areas around the Fylde Coast in North West England⁽¹⁾ complied with the requirements of the Bathing Water Quality Directive (Case C-1990/56). Following the judgment, the Commission agreed to await the outcome of improvement programmes presented by the United Kingdom for the bathing areas concerned, promising compliance with the Directive by 1996.

However, the second round of enforcement action provided for by Article 228 of the EC Treaty was invoked when the majority of the bathing areas in question were still found to fail in the 1996 and 1997 bathing seasons.

While in the 1998 and 1999 bathing seasons only three of the nine bathing areas in question met the standards set in the Directive⁽²⁾, initial results for the 2000 bathing season show a marked improvement on previous years.

However, as two of the bathing areas still failed to comply⁽³⁾, the Commission has decided to proceed for the second time to the Court of Justice and request that a fine of EUR 106 800 per day be imposed on the United Kingdom for this continued failure to ensure full compliance with the judgment of the Court. The penalty would apply to each day of non-compliance with the second judgment of the Court, once it is given.

The case against Germany

The Commission's decision to bring Germany before the Court for a second time concerns the Environmental Impact Assessment Directive (Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment) which is one of the Community's principal pieces of environmental legislation. This Directive requires Member States to provide for an environmental impact assessment of a wide range of projects before they are authorised (for some projects, listed in Annex I to the Directive, an assessment is always required; for others, listed in Annex II, the Directive leaves Member States to decide which require assessment). The aim is to learn of potential environmental impacts while it is still possible to avoid or mitigate them. The necessary national legislation should have been in place by July 1988.

The Commission has decided to bring Germany before the Court under Article 228 of the Treaty for failure to comply with a 1998 ruling of the European Court of Justice (decision C-301/95) against Germany for non-compliance with its obligations under the Environmental Impact Assessment Directive on several grounds. The main outstanding ground on which this application under Article 228 of the Treaty will be made is that the German implementing legislation still excludes whole classes of Annex II projects from the assessment requirements. Although in the mean time Germany has been working on filling the gap, the necessary legislation has yet to be adopted and sent to the Commission. The decision to refer the matter to the Court of Justice for the second time is combined with a request to impose a fine of EUR 237 600 per day on Germany, starting as soon as the Court gives its second judgment.

Article 228 of the Treaty gives the Commission power to act against any Member State which fails to comply with a previous judgment of the European Court of Justice. The same Article also allows the Commission to ask the Court to impose a financial penalty on the Member State concerned.

^{(1) Blackpool North, South and Central, St Anne's, St Anne's North, Southport, Bispham, Fleetwood, and Cleveleys.}

^{(2) Bispham, Fleetwood and Cleveleys.}

^{(3) Bispham and St Anne's North.}