Commission asks Ireland, France, Spain and Greece to respond to queries on environmental complaints

Brussels, 15 April 2003

The European Commission is to start infringement proceedings against Ireland, France, Spain and Greece 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 four Member States requesting further information. None of them has provided the requested information. By not co-operating with the Commission, they 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. Ireland, France, Spain and Greece have received a Letter of Formal Notice under Article 226 of the EC Treaty. In the absence of a satisfactory reply within two months, the Commission may decide to send the four Member States so-called "Reasoned Opinions" in order to comply with their Treaty obligations. A Reasoned Opinion is the final written warning before a case is taken to the European Court of Justice.

Commenting on the decisions, Environment Commissioner Margot Wallström said: "If Member States fail to provide promptly the information requested, the Commission cannot deal efficiently with environmental complaints that we receive from citizens. I would, therefore, urge Ireland, France, Spain and Greece to provide the assistance requested."

On the basis of Article 211 of the EC Treaty, the Commission established rules that 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 Ireland, France, Spain and Greece have still not made information available, in spite of reminders from the Commission, are as follows:

France

Port development in the Loire Estuary

In September 2002, the Commission wrote to the French authorities for information on how they complied with EU nature conservation obligations with regard to a port development in the Loire Estuary, which is designated as a Special Protection Area (SPA) under the Birds Directive.

Spain

Hydro-electric project in Galicia

In September 2002, the Commission asked Spain for information on how a proposed hydro-electric project in the catchment area of the river Ulla in Galicia had been assessed with regard to its potential impact on a site nominated for protection under the Habitats Directive.

Hunting in the province of Orense

In September 2002, the Commission asked Spain for information on how hunting is regulated in the province of Orense, following a complaint that the hunting season for Coturnix coturnix did not comply with the requirements of the Birds Directive.

Tanneries at Lorca in Murcia

Spain has failed to respond to a request for information on how it applied the Impact Assessment Directive with regard to a waste-water treatment plant for tanneries at Lorca in Murcia.

Urban development project in Toledo

Spain has failed to respond to a request for information on how it applied the Impact Assessment Directive with regard to an urban development project comprising 1300 residential units in Toledo.

Developments within a Special Protection Area in Fuerteventura, Canary Islands

In July 2002, the Commission asked Spain for information on how EU nature conservation requirements were respected with regard to a number of projects within a special protection area (SPA). These related to the island of Fuerteventura, in the Canary Islands.

Greece

Birds of Prey on Crete

Following a complaint that the mortality rate of Eleonora's Falcon, Falco eleonorae, in Crete is disturbingly high because of the over-use of pesticides, the Commission asked Greece for information on the specific measures it has taken to protect the species and to comply with EU nature conservation legislation.

Ireland

Waste facility at Fermoy, County Cork

Following complaints, in August 2002, the Commission asked the Irish authorities for information on how it has complied with the Groundwater Directive, Framework Waste Directive and Hazardous Waste Directive with regard to industrial facilities situated at Fermoy, County Cork.

Transfrontier Shipment of Waste Regulation

Following a complaint about irregularities in the required paperwork for waste exports from Ireland, in August 2002, the Commission asked the Irish authorities for information on how it has complied with the Transfrontier Waste Shipment Regulation.

Discharges of oil at Poolbeg Peninsula, Dublin

Following a complaint about discharges of oil into water next to a special protection area (SPA) in Dublin, in August 2002, the Commission asked the Irish authorities for information on how they have complied with the Dangerous Substances Directive and the Habitats Directive.

Waste facility at Ballysimon, County Limerick

Following a complaint about a waste facility operating at Ballysimon, County Limerick, in August 2002, the Commission sought information from the Irish authorities on compliance with the Framework Waste Directive.

Marina development in Lough Ree

Following a complaint about a marina development and a deterioration of water quality in Lough Ree, County Roscommon, the Commission asked the Irish authorities for information on how it took account of the cumulative effect of new developments on Lough Ree in accordance with the requirements of the Habitats Directive.

Background

Birds Directive

The Wild Birds Directive (79/409/EEC) 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/EEC 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.

The Environmental Impact Assessment Directive

Directive 85/337/EEC, which was 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 authorised, 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 authorisation process.

Groundwater Directive

Directive 80/68/EEC requires Member States to apply a system of investigation and authorisation to waste disposal and other activities in order to ensure that groundwater is not polluted by dangerous substances.

Framework Waste Directive

Directive 75/442/EEC set up a system for the co-ordinated 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.

Hazardous Waste Directive

Directive 91/689/EEC sets the framework for EU standards for the management of hazardous waste. It complements the Waste Framework Directive, which provides a legislative framework for all types of waste, whether hazardous or not. In particular, it provides the key definitions of what constitutes waste, disposal and recovery. The concept of hazardous waste is defined in the Hazardous Waste Directive and this in turn is linked to a binding list called the Hazardous Waste List.

Transfrontier Shipment of Waste Regulation

Council Regulation No. 259/93 requires that strict EU environmental criteria are applied to the supervision and control of waste shipments into, out of and within the EU. The aim is to ensure a high level of environmental and human health protection, while at the same time safeguarding trading rights within the internal market. The Waste Shipments Regulation distinguishes between waste intended for disposal and waste intended for recovery.

Dangerous Substances Directive

Directive 76/464/EEC is one of the earliest pieces of EU environmental legislation. It creates a legislative framework for dealing with water pollution caused by an extensive list of dangerous substances. Under this framework, Member States are required to adopt pollution-reduction programmes that involve binding water quality objectives and a system of authorisations for discharges. The Commission has taken a number of Member States to the European Court of Justice for non-compliance with the Directive, and the Court has confirmed the need for pollution-reduction programmes to be specific, comprehensive and co-ordinated.