Luxemburg moet milieuwetgeving op vijf punten wijzigen, procedure voor EU-Hof wegens rioolwetgeving (en)
The European Commission has decided to pursue infringement proceedings against Luxembourg in five cases involving breaches of EU environment law. Luxembourg is to be referred to the European Court of Justice for shortcomings in its treatment of urban waste water. It has also been sent four final written warnings over EU laws on noise, strategic environmental impact assessment, public access to environmental information, and CO2 emissions from cars. These actions are part of a series of environment-related infringement decisions against several Member States which the Commission is now announcing over a period of days. Meanwhile, the Commission has been able to close a previously announced case against Luxembourg on greenhouse gas emission trading following the notification of new legislation.
;Environment Commissioner Stavros Dimas said: "I welcome Luxembourg's action to put an end to the infringement over emissions trading. Luxembourg should continue to remedy the other shortcomings in its environmental protection."
;Urban waste water: Court referral
;The Commission has decided to refer Luxembourg to the European Court of Justice (ECJ) because it has not taken measures required to ensure proper treatment of urban wastewater under the EU's Urban Wastewater Treatment Directive[1].
;Urban wastewater can be polluted with nutrients that can disturb the natural balance of the rivers and seas into which it is discharged. In particular, high levels of phosphorus and nitrogen promote excessive growth of algae and other aquatic plants. This process, known as eutrophication, results in low oxygen levels, which in turn can threaten the survival of fish and other aquatic species.
;Under the Directive, Luxembourg has designated all the rivers on its territory as sensitive to eutrophication. However, it has not ensured that the wastewater discharged into them meets quality objectives set by the Directive. These require that treatment ensures a minimum 75% reduction in the overall loads of phosphorus and nitrogen in the wastewater entering all urban waste water treatment plants in all towns and cities (including small ones). As a result, Luxembourg's rivers are eutrophic.
;Consumer information on CO2 emissions from new cars: final warning
;Luxembourg has been sent a final written warning because it has failed to submit a report to the Commission on the effectiveness of an EU directive requiring Member States to provide consumers with information on the CO2 emissions of all new cars[2]. The report, covering the period from 18 January 2001 until 31 December 2002, fell due on 31 December 2003. The Commission could decide to take Luxembourg to the ECJ if it does not receive a satisfactory response.
;Noise, strategic environmental assessment and public access to environmental information: final warnings
;Luxembourg has been sent final warnings for failing to notify the Commission of its national implementing legislation for EU laws on noise[3], strategic environmental assessment[4] and public access to environmental information[5]. Similar action is being taken against several other Member States and the cases concerned are the subject of separate press releases: see IP/05/894, IP/05/897 and IP/05/892.
;Case resolved
;In July 2004, the Commission sent Luxembourg a final written warning for failing to adopt and notify national legislation giving effect to the Emissions Trading Directive[6] (see IP/04/976 of 20 July 2004). The relevant legislation has since been sent and the case closed.
;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
;[1] Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment
;[2] Directive 1999/94/EC
;[3] Directive 2002/49/EC
;[4] Directive 2001/42/EC
;[5] Directive 2003/4/EC access to environmental information repealing Dir 90/313'
;[6] Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community