Griekenland moet milieuregelgeving op acht punten wijzigen aan EU-richtlijnen, één formele waarschuwing (en)
The European Commission has decided to pursue infringement proceedings against Greece in eight cases involving breaches of EU environment law. At the same time, three on-going cases will be closed following their satisfactory resolution. In the most advanced open case, Greece has received a first written warning for not heeding a judgement of the European Court of Justice that requires Greece to implement an EU law on genetically modified organisms (GMOs). In addition, the Commission will refer Greece to the Court over gaps in its measures to protect the ozone layer. In the remaining six cases, covering laws on waste water, air pollution, waste, noise, impact assessment and access to information, Greece has been sent final written warnings - the last step before 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 now announcing.
;Environment Commissioner Stavros Dimas said: "I am pleased that we are able to close three cases against Greece." However, he recalled that the Commission considers legal action as a last resort to make Member States fulfil their environmental commitments. He said that he would prefer Member States to recognise themselves how important the legislation is and act accordingly to protect the environment and provide citizens with a high quality of life.
;GMOs: first warning to comply with Court judgement
;The Commission has sent Greece a first follow-up written warning for non-compliance with a judgement delivered by the European Court of Justice (ECJ) on 27 January 2005 (case C-416/03). The case concerns the failure to adopt and communicate national legislation to give effect to an EU law aimed at controlling the release of genetically modified organisms (GMOs) into the environment[1]. This law is at the centre of the EU's GMO legislation and aims to ensure that only authorised GMOs are placed on the market and that unsafe GMOs cannot be marketed in the EU. The authorisation procedures includes, among other things, a scientific safety check and environmental risk assessment, information to the public and close monitoring. The deadline set for adopting such legislation was 17 October 2002.
;Court referral: protection of the ozone layer
;The Commission has decided to refer Greece to the European Court of Justice (ECJ) for incompletely implementing several provisions of the EU's Regulation on substances that deplete the ozone layer[2]. This regulation aims to prevent and limit damage to the ozone layer that shields the earth from harmful solar rays, which can cause skin cancer and blindness, and also negatively affect the health of animals and vegetation. In particular, Greece has not fixed minimum qualification requirements for the personnel involved with fire protection systems, fire extinguishers and equipment containing solvents. This means that there is an increased risk of ozone-depleting substances escaping into the atmosphere. In addition, Greece has not provided sufficient information on measures to recover used ozone-depleting substances. Finally, it has not shown that it has put in place annual checks for leakages from larger refrigerating equipment.
;Meanwhile, another case against Greece concerning the same Regulation has been resolved (see below, case on methyl bromide).
;Final warning before Court referral: urban wastewater treatment
;Greece has been sent a final warning for failure to adequately treat the wastewater discharged from 24 towns of more than 15,000 inhabitants. The EU's Urban Wastewater Treatment Directive[3] sets a deadline of 31 December 2000 for so-called secondary (i.e biological) treatment[4] to be in place before water is discharged from cities and towns of this size. By the same deadline, such towns and cities should be provided with a collecting system - i.e. a system of sewers to collect wastewater from individual buildings.
;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 human health risks in waters that are used for bathing or shellfish culture.
;In response to a first Commission warning sent in July 2004, the Greek authorities confirmed that collecting systems and secondary treatment were in place for the following six towns: Alexandroupoli, Hersonisos, Mytilini, Oinofyta, Panagia Thassou and Rodos. However, they are still lacking for the following 24 population centres: Artemida, Rafina, N.Makri, Koropi, Markopoulo, Megara, N.Kydonia, Malia, Chrysoupoli, Porou-Galata, Tripoli, Katerini, Preveza, Litohoro, Zakynthos, Alexandreia, Lefkimi, Nafpaktos, Igoumentitsa, Thessaloniki-touristic zone, Irakleio, Edessa, Kalymnos and Paroikia Parou.
;Final warning before Court referral: plans to combat air pollution
;Greece has been sent a final warning for not complying with EU rules that require pollution-reduction plans for areas affected by high levels of air pollution - in particular nitrogen dioxide and particulate matter (PM10). The first plans were due by 31 December 2003.
;Both pollutants have harmful health effects. Nitrogen dioxide (NO2) develops when nitrogen oxides - by-products of fossil fuel burning, e.g. in cars and other vehicles, heaters and cookers - combine with air. Long-term exposure can affect the functioning of the lungs and cause in respiratory problems.
;Particulate matter, also known as fine dust, is currently one of the most harmful air pollutants. 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 ambient air quality[5], which was followed in 1999 by a "daughter Directive"[6] setting limit values for the pollutants nitrogen dioxide, nitrogen oxides, particulate matter (PM10) as well as sulphur dioxide and lead. The limit values are to be met by certain dates and not to be exceeded thereafter. The deadline for PM10 is 2005, whereas the limit value for nitrogen dioxide (NO2) must be complied with from 2010 on. Until these dates, Member States must make efforts to meet the targets at the set dates. Each year, Member States must send to the Commission a list of "zones and agglomerations" where the limit values for NO2 and PM10 have been exceeded. They must also send pollution-reduction plans or programmes to reduce the pollution in these areas and achieve the limit values at the set dates. For the first time, these plans were due by 31 December 2003.
;The Greek authorities have reported high levels of NO2 and PM10 in Attiki, Patra and Thessaloniki, the three main urban areas of the country where 60% of the population lives. However, while pollution-reduction plans are in preparation, they have not yet been finalised and sent to the Commission.
;Final warnings before Court referrals: Noise, strategic environmental assessment, public access to environmental information, and waste electrical and electronic equipment
;Greece has been sent final warnings for failing to notify to the Commission its national implementing legislation for EU laws on noise[7] (see IP/05/894), on strategic environmental assessment[8] (see IP/05/897), on public access to environmental information[9] (see IP/05/892), and on waste electrical and electronic equipment[10] (IP/05/895). Similar action is being taken against several other Member States.
;Cases resolved
;In January 2005, the Court condemned Greece for its failure to put in place national laws on incineration and co-incineration of waste (Case C-61/04). As Greece has finally adopted the necessary national legislation, the case has been closed.
;In July 2004, the Commission announced that it had sent Greece a first warning letter for not supplying adequate information on the use of methyl bromide, a highly ozone-depleting pesticide (see IP/04/878). As Greece has since provided the missing information, the dossier has been closed.
;In July 2004, the Commission also announced that it had sent Greece a first warning for not submitting a national allocation plan under the EU emissions trading scheme (see IP/04/861). Following the submission of a plan at the end of 2004, the case has been 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] Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC
;[2] Regulation 2037/2000
;[3] Directive 91/271/EEC
;[4] "Secondary treatment" means a treatment making it possible to eliminate suspended solids and dissolve pollutants by a process generally involving biological treatment.
;[5] ;Directive 96/62 of 27 September 1996 on ambient air quality and management
;[6] 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
;[7] Directive 2002/49/EC
;[8] Directive 2001/42/EC
;[9] Directive 2003/4/EC
;[10] Directive 2003/108, amending Directive 2002/96