Procedure tegen Ierland en Oostenrijk vanwege niet-omzetting afvalrichtlijnen (en)

vrijdag 18 juli 2003

The European Commission is acting to safeguard the environment by pursuing infringement proceedings against Ireland and Austria. The Commission has decided to refer Austria to the European Court of Justice because Austrian law fails to fully transpose specific EU legislation on integrated pollution prevention and control (IPPC). The IPPC Directive aims to ensure that potentially polluting industrial and agricultural operations are subject to strict environmental controls. The Commission has also sent a final written warning ("reasoned opinion") asking Ireland to take steps to fully transpose the Directive into Irish law. Current national law in Austria and Ireland does not give citizens sufficient guarantees that their environment will be protected as strictly as the Directive requires.

Commenting on the proceedings, Environment Commissioner Margot Wallström said: "Correct authorisation procedures are necessary in order to control activities that could have a harmful effect on the environment. There is no point in Member States agreeing to legislation if it is not properly implemented. I urge Ireland and Austria to bring their legislation and practices into line with EU legislation as soon as possible."

Austria

The decision to refer Austria to the European Court of Justice follows close examination of Austrian legislation used to implement the Directive. The Commission found that, for example, Austrian legislation does not correctly define what is an "existing installation" under the Directive. This could lead to a delay in the implementation of the best available techniques (BATs), which is a key element in the IPPC Directive, in some plants in Austria. Nor does Austrian legislation define certain permit conditions that are required under the Directive. The BAT requirement is also inadequately defined. Furthermore, no measures have been adopted with regard to certain combustion installations that are covered by the Directive. As far as installations for the intensive rearing of poultry and pigs are concerned, legislation has not yet been adopted in most Länder.

Ireland

The decision to send Ireland a final written warning also follows close examination of Irish legislation used to implement the Directive. This legislation falls seriously short of what the Directive requires, as it dates from before the Directive was adopted. It does not guarantee that installations covered by the Directive will be operated according to the Directive's detailed provisions, for example with regard to the use of best available techniques (BATs). Ireland has confirmed its intention to make the necessary changes in its legislation, but new measures have yet to be adopted.

Background

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 relies on authorisation to control environmental impacts. The Directive applies to a significant number of mainly industrial activities with a high pollution potential covering, for example, the energy sector, the production and processing of metals, the mineral and chemical industries, waste management facilities and food production. It also applies to intensive livestock farming. It 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 it is a change from the approach of older environmental legislation, which regulated each environmental medium individually.

Legal Process

Article 226 of the Treaty 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 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.

Article 228 of the Treaty gives the Commission power to act against a Member State that does not comply with a previous judgement of the European Court of Justice. The article also allows the Commission to ask the Court to impose a financial penalty on the Member State concerned.

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