Portugal moet milieuwetgeving op zes punten aanpassen, Commissie start één procedure voor EU-Hof (en)
The European Commission has decided to pursue infringement proceedings against Portugal in six cases involving breaches of EU environmental law. In one of these the Commission is taking Portugal to the European Court of Justice for incorrectly transposition of some aspects of the EU Directive on environmental impact assessments. In the five other cases, touching upon issues as varied as air pollution, waste, waste water treatment and noise, Portugal has been sent final written warnings, the last step before a referral to the European Court of Justice. These 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 commented: "The Commission has a duty to ensure that EU environmental legislation is implemented fully, correctly and on time. Portugal should fill the gaps in its legislation without delay in order to provide its citizens with a clean and healthy environment."
;Environmental impact assessment: Court application
;Checks by the Commission have revealed that several provisions of the Environmental Impact Assessment Directive,[1] as revised in 1997, have not been correctly transposed by Portugal's decree-law of 2000. The Directive requires authorities to examine the environmental impacts of infrastructure projects so that they can be taken into account in the authorisation process. It also provides for public consultation, and the results of this must also be taken into account in the authorisation process.
;Examples of the Portuguese law's shortcomings include not fully incorporating criteria for screening whether individual projects require an assessment, and failing to require that developers provide information on alternatives to the projects they propose.
;The Commission sent Portugal a final written warning over the case on 22 December 2004 (see IP/05/45). The Portuguese authorities have since repeated their intention to modify the decree-law. However, to date no revision has been communicated to the Commission.
;Incineration of hospital waste: final warning before Court referral
;The Commission has sent Portugal a final written warning - the last step before a Court referral - over the continued operation of an incineration plant for hospital waste in the centre of Lisbon without a permit. This violates both the EU's Waste Framework Directive[2] and the Directive on the incineration of waste,[3] which require such operations to be permitted by the authorities. The incineration Directive also imposes stringent operational and technical conditions and sets emission limit values to prevent or limit negative effects of incineration operations on human health and the environment.
;This case originated from a complaint pointing to three non-permitted hospital incinerators in the Lisbon region. Two were immediately closed. With regard to the remaining one, Parque da Cidade in the centre of Lisbon, the Portuguese authorities explained that it would be modernised and brought in compliance with EU law following an impact assessment of the project. On 21 April 2004, the Commission sent the authorities a first written warning, pointing out that the incinerator was still operating without a permit. In turn, the Portuguese authorities launched an administrative infringement procedure against the hospital. However, the incinerator continues to operate without a permit.
;Urban wastewater treatment: final warning before Court referral
;Portugal has been sent a final written warning for failure to adequately treat the wastewater discharged from 17 cities and towns of more than 15,000 inhabitants. The EU's Urban Wastewater Treatment Directive[4] sets a deadline of 31 December 2000 for so-called secondary (i.e. biological) treatment[5] to be in place before water is discharged from cities and towns of this size.
;The Urban Wastewater Treatment Directive addresses nutrient-based, bacterial and viral pollution caused by urban waste water. Urban waste water that discharges excessive levels of nutrients, in particular phosphorous and nitrogen, into rivers and seas promotes excessive growth of algae and other forms of aquatic plants. This process known as "eutrophication" in turn leads to a lowering of oxygen levels, threatening the survival of fish which depend on oxygen. It can also make the water unsafe for drinking. By introducing potentially harmful bacteria and viruses, the discharges also pose risks to human health in waters that are used for bathing or for shellfish culture.
;The Commission sent a first written warning on 9 July 2004 in relation to 29 cities and towns whose wastewater was not properly treated. In response, Portugal improved the situation in some locations and corrected information on population size and on the classification of the receiving waters in some others. However, there are still 17 cities and towns with more than 15,000 inhabitants that do not comply with the requirements of the Urban Wastewater Treatment Directive. They include: Alverca, Armaçao de Pêra/Albufeira, Bacia do Rio Uima (Fiaes S. Jorge), Carvoeiro, Costa da Caparica/Trafaria, Costa Oeste (Lisboa), Covilha, Fundao/Alcaria, Lisboa e Vale do Tejo (Lisboa), Matosinhos, Milfontes, Nazaré/Famalicao, Peso da Régua, Ponta Delgada, Póvoa do Varzim/Vila do Conde, Vila Franca de Xira and Vila Real.
;Air pollution: final warning before Court referral
;Portugal has been sent a final warning for not complying with EU rules that require pollution-reduction plans for areas affected by high levels of a number of air pollutants, including particulate matter (PM10). The first plans were due by 31 December 2003.
;Particulate matter, also known as fine dust, is currently the most harmful known air pollutant. It is made up of small airborne particles (PM 10 with a diameter of 10 micrometer and less), which are generated in combustion processes (e.g. diesel soot). According to recent studies, PM shortens the average life expectancy of EU citizens by nine months. It is easily inhaled, penetrates deep into the lungs and can cause serious cardiovascular and respiratory diseases.
;In 1996, the EU adopted a framework Directive for assessing and managing outdoor air quality[6], which was followed in 1999 by a "daughter Directive"[7] setting limit values for five air pollutants, including PM10. For each pollutant, the limit value is to be met by a certain date - for example, the deadline for PM10 was 1 January 2005. Prior to that, Member States must take action to ensure that they will comply with the limit values by the set dates. To this effect, they must send the Commission annual lists of "zones and agglomerations" where the limit values have been exceeded. They are also required to draw up and notify pollution-reduction plans or programmes to reduce the pollution in the affected areas. These plans, for the year 2001, were due for the first time in December 2003.
;The Portuguese authorities have reported high levels of PM10 in the Lisbon area (both Area Metropolitana de Lisboa Norte and Area Metropolitana de Lisboa Sul) and in Porto Litoral, the two biggest Portuguese cities. But they have not sent the required pollution-reduction plans. In response to a first written warning sent by the Commission on 7 October 2004, the authorities said that the plans were in preparation. However, the Commission has still not received any plans.
;Final warnings before Court referrals: strategic environmental assessments and noise
;Portugal has been sent final warnings for failing to notify to the Commission its national implementing legislation for EU laws on strategic environmental assessment, and on noise. Similar action is being taken against several other Member States. The cases concerned are the subject of separate press releases: see IP/05/897 and IP/05/894.
;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
;For rulings by the European Court of Justice see:
;http://curia.eu.int/en/content/juris/index.htm
;[1] Directive 85/337/EEC, as amended by Directive 97/11/EC
;[2] Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Directive 91/156/EEC
;[3] Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste
;[4] Directive 91/271/EEC
;[5] "Secondary treatment" means a treatment making it possible to eliminate suspended solids and dissolve pollutants by a process generally involving biological treatment.
;[6] ;Directive 96/62 of 27 September 1996 on ambient air quality and management
;[7] Directive 1999/30 of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air