Handhaving regelgeving verbod op ozonvreters: Commissie vraagt helderheid van Griekenland, Spanje en Ierland (en)

The European Commission has sent a first written warning to Greece, Spain and Ireland for failing to indicate what penalties they have fixed for breaches of an EU Regulation on ozone-depleting substances. These substances were widely used in refrigerators, as solvents for cleaning and in air-conditioners. They are now being replaced by less harmful alternatives. The Regulation is meant to safeguard the earth's ozone layer, which protects human beings and other living organisms from harmful solar rays. It requires that ozone-depleting substances and activities be strictly controlled. Member States are responsible for enforcing the Regulation and, therefore, for protecting human health and the environment. They were required to inform the Commission, by 31 December 2000 at the latest, what penalties they had put in place to deter breaches of the law.

Commenting on the action taken, Environment Commissioner Margot Wallström said: "If we continue to damage the ozone layer it will have harmful effects on people's health all over the world. To control damaging activities is, therefore, a global responsibility. I urge Greece, Spain and Ireland to tell the Commission what penalties they have put in place to deter such activities."

Protecting the Ozone Layer

The Regulation on Substances that Deplete the Ozone Layer⁽¹⁾ aims to curb and eventually eliminate the use of substances that deplete stratospheric ozone, which is the shield that protects the earth from harmful solar rays. The Regulation requires Member States to supply information on measures taken to promote the recovery, recycling, reclamation and destruction of controlled substances such as CFCs (chlorofluorocarbons), HCFCs (hydrochlorofluorocarbons), halons and methyl bromide.

Member States must also provide data on what has been done to make organisations and users responsible for carrying out these activities. They must show what steps have been taken to prevent the leaking of controlled substances, and to minimise the leaking of methyl bromide. In addition, the Regulation obliges Member States to respect other reporting requirements, including providing information on annual leak monitoring (for equipment containing more than 3 kg of ozone-depleting substances).

They must also submit data on the minimum qualifications required by all personnel involved in handling these substances and communicate details on the quantities of controlled substances that have been recovered, recycled, reclaimed or destroyed. The Regulation also requires Member States to inform the Commission, by 31 December 2000, of the penalties they have in place for breaches of it. These penalties must be effective, proportionate and dissuasive.

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 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 after 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 EU law and calls upon 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.

For current statistics on infringements in general, please visit the following web-site:

<A onclick="popup(this.onclick="popup(this.href+'&noframes=1',0,0);return false" href+'&noframes=1',0,0);return false" HREF="http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm#infractions">http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm#infractions ;

^{(1)Regulation 2037/2000, 29/06/2000, on substances that deplete the ozone layer}