Elf lidstaten moeten EU-richtlijnen over lawaai nog doorvoeren (en)
The European Commission has formally asked 11 Member States to transpose into their national law an EU law aimed at providing a common basis for tackling noise problems across the EU. This should have been done by 18 July 2004. The Member States concerned are Austria, Belgium, the Czech Republic, Finland, France, Greece, Ireland, Italy, Luxembourg, Portugal and the United Kingdom. If a Member State fails to comply with this request, the Commission could take it to the European Court of Justice. The actions are part of a series of environment-related infringement decisions against several Member States which the Commission is currently announcing.
Environment Commissioner Stavros Dimas said: "The EU's objective is to substantially reduce the number of people in Europe affected by noise by 2012. To reach this objective, it is crucial that all Member states implement the agreed measures. Almost half have not yet done so. I urge these member states to speed up their efforts."
Assessing and managing environmental noise
Directive 2002/49/EC on the assessment and management of environmental noise creates a common approach to avoiding, preventing or reducing the harmful effects of exposure to environmental noise. Member States are required to use common methods to map noise `hot spots', ensure the public's right to information and consultation and implement action plans at local level. This directive is also to serve as a basis for developing EU measures concerning noise sources.
As Austria, Belgium, the Czech Republic, Finland (concerning the province of Åland), France, Greece, Ireland, Italy, Luxembourg, Portugal and the United Kingdom have not yet implemented the Directive, the Commission has sent them a final written warning.
Legal Process
Standard procedure
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 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. 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.
The infringement actions mentioned in this press release have been taken under Article 226 unless otherwise stated.
`Follow-up' procedure
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, again by issuing a first written warning ("Letter of Formal Notice") and then a second and final written warning ("Reasoned Opinion"). The article then 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
For rulings by the European Court of Justice see:
http://curia.eu.int/en/content/juris/index.htm
For EU noise policy see: