Commission acts against France for refusal to supply environmental information

Brussels, 3 April 2001

The European Commission has decided to send a Letter of Formal Notice (first written warning) to France for refusal to supply to the Commission a copy of a key French scientific inventory of sites that qualify for inclusion in the Community's nature conservation network, "Natura 2000." France has two months in which to respond to the Letter of Formal Notice. The decision reflects the Commission's concern that it is not receiving from France the usual degree of co-operation that it expects from Member States. Environment Commissioner, Margot Wallström, said: "To ensure good implementation of Community environmental law, the Commission needs Member States to co-operate by providing information. I would, therefore urge France to re-think its refusal to provide a copy of the inventory."

The Commission must have access to and analyse official sources of information in order to check compliance with Community law. This requires the active co-operation of Member States, particularly to clarify facts, state official positions and present data and documents. Such co-operation is provided for in Article 10 of the EC Treaty.

During the 1990s, the French National Museum of Natural History prepared a nationwide scientific inventory in an effort to identify important sites of nature conservation that might merit inclusion in Natura 2000 (the Community network of nature conservation sites covered by the Habitats Directive). Although France has used this inventory in the preparation of the list of proposed sites that it sent to the Commission, it has persistently refused to give the Commission a copy of the inventory itself. The Commission has received similar inventories from other Member States.

Since the basis for proposing sites for Natura 2000 includes access to relevant scientific information, the Commission considers that it is necessary to see the French inventory. The Commission believes that the French proposals for Natura 2000 are seriously inadequate (this is the subject of a separate legal action currently before the European Court of Justice, see IP/01/245).

Background

As guardian of the EC Treaty, the Commission must ensure that the legal requirements of the Treaty and adopted legislation are respected by Member States. The procedure being followed in this case relates to Article 226 of the Treaty, which gives the Commission powers to take legal action against a Member State that is not respecting its obligations.

If the Commission considers that there may be an infringement of Community law which warrants the opening of an infringement procedure, it addresses a "Letter of Formal Notice" to the Member State concerned, requesting it to submit its observations by a specified date, usually two months, as in this case.

In the light of the reply or absence of a reply from the Member State concerned, the Commission may decide to address a "Reasoned Opinion" (or second written warning) to the Member State, clearly and definitively setting out the reasons why it considers there to have been an infringement of Community law and calling on the Member State to comply within a specified period (normally two months).

If the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the European Court of Justice.