Griekenland krijgt laatste waarschuwing inzake illegale afvalstortplaatsen op Kreta (en)

The European Commission has decided to address a final warning to Greece over violations of European Union waste management rules on the island of Crete. The Commission is taking this action because the Greek authorities have failed to clean up an illegal rubbish dump, over which Greece was fined by the European Court of Justice in 2000, as well as a temporary waste storage site. These violations are endangering human health and may be harming the environment

Background

In 2000 the European Court of Justice fined Greece a daily penalty of €20,000 for violations of EU waste legislation in Crete, inter alia the operation of an illegal rubbish dump at the mouth of the River Kouroupitos in Chania prefecture. The Court also ordered the closure of the dump, which had been operating since at least 1988. Greece paid a fine totalling €4.72 million until the Commission was satisfied that the dump had been closed in February 2001. Waste was diverted to a storage site at Messomouri pending the construction of permanent waste management installations at Korakia.

New infringements

The new case focuses on the failure to clean up the Kouroupitos and Messomouri sites. A report produced for the Commission by independent experts in 2003 pointed to several problems at both sites that posed risks to human health and the environment. At the Kouroupitos dump, soil had been put over the site to cover it but much had been washed away by rain. Waste was still burning inside the dump, causing potentially toxic emissions. Concern was expressed about the stability of the site and a potential risk of landslides as a result.

The Messomouri site had become an illegal dump. Many of the bales of waste stored there had burst and high concentrations of methane gas were measured. Liquid from the site was not being collected or treated but was flowing into a ravine that leads to the sea.. Though intended to be a temporary waste storage site, Messomouri operated for more than a year due to delays in construction of the permanent installations at Korakia

The Commission sent Greece a first warning letter over the sites in April 2004. In their response the Greek authorities did not contest the findings of the independent report. They informed the Commission that a site-conditioning plan for Messomouri had been approved and half of its waste transferred to the new landfill of Korakia.

However, they stated that despite the approval of studies for cleaning up the two sites, no funding had as yet been secured for completing the projects.

In view of this situation the Commission has decided to send Greece a final written warning. The Commission considers that Greece is violating the EU's framework directive on waste^[1] at both sites. Among other things, the framework directive requires member states to ensure that waste is disposed of without endangering human health or harming the environment, and to rehabilitate non-compliant sites. In addition, the Commission considers that the 1999 EU Landfill Directive^[2] is being breached at Messomouri since the authorities have not put in place the necessary after-care measures following the site's closure.

The Commission could decide to take the case before the European Court of Justice if the response from the Greek authorities is not satisfactory.

Since the rehabilitation of the Kouroupitos dump and the operation of the Messomouri site were not covered by the 2000 Court judgement that imposed the fine on Greece, the Commission is dealing with these as a new case under Article 226 of the treaty rather than as a continuation of the earlier one.

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" (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" (final written warning) to the Member State. This clearly and definitively sets out the reasons why the Commission considers that there has been an infringement of EU 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. Where the Court of Justice finds that the Treaty has been infringed, the offending Member State is required to take the measures necessary to conform.

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 see:

http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm#infractions ;

^[1] Directive 75/442/EEC

^[2] Directive 99/31/EC