Brussels, 6 January 2004
The European Commission has sent a first written warning to Belgium (only with regard to Flanders and Wallonia), Denmark, Greece, Ireland, Luxembourg and the Netherlands asking them to send initial reports on how they implement the EU law on integrated pollution prevention and control (IPPC). The IPPC Directive aims to ensure that polluting industrial and agricultural operations are subject to strict environmental controls. The reports in question, covering the period 2000 to 2002, should have been forwarded to the Commission by 30 September 2003 at the latest. Without them, the Commission cannot judge how well and evenly the requirements of the Directive are being met across the EU.
Commenting on the request, Commissioner Margot Wallström said: "It is important that Member States fulfil their reporting commitments in relation to this Directive, which is crucial for the protection of the environment and for public health in the Union. Reporting helps us to better understand how much progress is being made in meeting the objectives of the Directive. I urge these Member States to submit the 2000 to 2002 reports as a matter of urgency."
IPPC Directive
The IPPC Directive(1) is one of the EU's major pieces of environmental legislation. It is an example of modern legislation that uses authorisation as the means for controlling environmental impacts. The Directive applies to a significant number of mainly industrial activities with a high pollution potential. This includes, for example, the energy sector, the metal production and processing industry, the mineral and chemical industries, waste management facilities and food production operations. It also applies to some intensive livestock farming.
The Directive seeks to prevent or reduce pollution of the air, water and land through a comprehensive permit system that assesses each environmental medium simultaneously. In addition, the Directive's scope covers the generation of waste, energy use, accident prevention and the cleaningup of industrial sites. This approach ensures a high degree of environmental protection and differs from older environmental legislation, which regulated each environmental medium individually. A first comprehensive report on measures taken to implement the Directive was due on 30 September 2003. It was to cover the period 2000 to 2002. The six Member States mentioned have not met this obligation.
Legal Process
The requests take the form of "letters of formal notice", the first stage of an infringement procedure under Article 226 of the EC Treaty. This Article 226 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 EU law that warrants the opening of an infringement procedure, it addresses a "letter of formal notice" (or first written warning) to the Member State concerned, requesting it to submit its observations by a specified date, usually two months.
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 final written warning) to the Member State. This clearly and definitively sets out the reasons why it considers there to have been an infringement of Community law and calls upon the Member State to comply within a specified period, usually two months.
If the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the Court of Justice.
For current statistics on infringements in general, please visit the following web-site:
http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm#infractions
(1) Council Directive 96/61/EC concerning integrated pollution prevention and control
