Procedure tegen België wegens niet-naleving EU-richtlijnen milieubescherming (en)

The European Commission has taken legal action to safeguard the environment by pursuing infringement proceedings against Belgium. The Commission has sent Belgium a final written warning ("reasoned opinion") urging it to comply fully with a 2001 ruling of the European Court of Justice. This ruling condemned Belgian legislation (Walloon and Flanders regions) for allowing activities that have a negative impact upon the environment to be authorised without an express act of the relevant administration (so-called "tacit authorisations"). Failure to comply with the Court ruling could result in substantial fines being imposed on Belgium.

Commenting on the proceedings, Environment Commissioner Margot Wallström said: "Citizens are entitled to expect that activities that may affect them or their environment have been given proper and express consideration. Our environment legislation requires this from Member States' administrations. It is not enough to be passive and have a system based on tacit authorisations. I urge Belgium to bring its legislation and practices into line with EU legislation as soon as possible."

Tacit authorisations

On 14 June 2001, the European Court of Justice ruled against Belgium with regard to its position on tacit authorisations (Case C-2000/230).

Authorisations are essential for promoting environmental protection. Several EU environmental Directives require Member States to allow certain activities to be carried out only when an authorisation has been granted that has taken prior account of environmental requirements. When a person applies for authorisation and the administration does not react within a certain period, Belgian legislation deems that authorisation has been granted. However, EU legislation requires administrations to be more than merely passive. Citizens are entitled to expect that activities that may affect them or their environment have been given proper and express consideration. The following Directives, for example, allow certain activities to be carried out only when an authorisation, which has been properly considered, has been granted:

• The Framework Waste Directive⁽¹⁾ (requires permits for operating waste facilities)

• The Dangerous Substances Directive⁽²⁾ (requires prior authorisation for the discharging of dangerous substances into surface water)

• The Groundwater Directive⁽³⁾ (requires prior authorisation of the discharging of dangerous substances to groundwater)

• The Industrial Plants Directive⁽⁴⁾ (requires the authorisation of certain industrial plants in respect of their air pollution emissions).

In addition to these Directives, the EU's Environmental Impact Assessment Directive requires that, for certain categories of projects, an environmental impact assessment first be carried out before an authorisation is granted.

Under Belgian law, when an application is made for an authorisation and the authorities do not oppose it within a stipulated period of time, the authorisation is considered to have been granted. The Court of Justice ruled against Belgium (the Flanders and Walloon Regions only) on the grounds that authorisation cannot be granted tacitly or by default.

Since then, Belgium has informed the Commission of measures that it has taken to correct its legislation for the Walloon Region, but no measures have yet been adopted with regard to Flanders. The Commission has, therefore, decided to issue a final written warning under Article 228 of the EC Treaty.

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 if the same case is referred to the Court a second time.

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)Directive 75/442/EEC on waste as amended by Directive 91/156/EEC}

^{(2)Directive 76/464/EEC on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community}

^{(3)Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances}

^{(4)Directive 84/360/EEC on the combating of air pollution from industrial plant}