Britten moeten regelgeving op acht punten wijzigen aan EU-richtlijnen (en)
The European Commission has decided to pursue infringement proceedings against the United Kingdom in eight cases involving breaches of EU environment law. In the most advanced case, the UK has received a first written warning because it has not complied with a judgement of the European Court of Justice regarding the safe management of hazardous waste. In two other cases, concerning urban wastewater treatment, the UK will be referred to the Court. In the remaining five cases, the UK has received final warnings before possible Court action in relation to EU laws on noise, the protection of the ozone layer and waste electrical and electronic equipment. 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: " EU environmental legislation has already done a lot to improve the state of the environment in the UK and elsewhere in Europe. But to be fully effective, it must be fully implemented."
Hazardous waste: non-compliance following Court judgement
;The Commission has sent the UK a first warning letter following its failure to comply with a judgement by the European Court of Justice on 12 October 2004 (case C-431/02). This ruling concerns the failure of the UK to fully transpose into its national legislation an EU law aimed ato ensuring the safe management of hazardous waste[1]. This Directive sets EU-wide standards for the identification, management, storage, transport, recovery and correct disposal of hazardous waste to ensure that it does not negatively affect human health and the environment.
;Following the judgement, the UK adopted new legislation covering most the issues in the judgement for Scotland and sent a letter stating that new legislation would be put in place in the course of 2005 for the rest of the UK. However, the Commission has received no further information from the UK.
;Urban wastewater treatment: Court referral
;The Commission has decided to refer the UK to the European Court of Justice for failure to adequately treat the wastewater discharged from 13 cities and towns of more than 15,000 inhabitants. For cities and towns of this size, the EU's Urban Wastewater Treatment Directive[2] requires the installation of wastewater collection systems and so-called secondary (i.e. biological) treatment[3] by a deadline of 31 December 2000.
;Urban wastewater can be polluted with bacteria and viruses that are harmful to human health, as well as nutrients that can disturb the natural balance of the rivers and seas into which the wastewater is discharged. In particular high levels of phosphorus and nitrogen promote excessive growth of algae and other forms of aquatic plants. This process known as "eutrophication" in turn results in low oxygen levels, which threatens the survival of fish and can make 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 Urban Wastewater Treatment Directive therefore requires that urban centres meet minimum standards for wastewater collection and treatment.
;The Commission sent a first written to the UK in July 2004 (see IP/04/870), followed by a second warning in December 2004 (see IP/05/30). However, collection systems and the secondary treatment are still not in place for 13 cities and towns, most of them in Northern Ireland. In addition, the situation in Northern Ireland risks being exacerbated by a decision to allow substantial new development to go ahead in some of the areas where no appropriate wastewater treatment is in place.
;The towns in Northern Ireland are: Bangor, Carrickfergus, Coleraine, Londonderry, Larne, Newtownabbey, Omagh, Portrush and Donaghdee. The remaining four towns are at Broadstairs and Margate (both in Kent), Brighton (south coast) and Lerwick (Scotland).
;Designation of waters sensitive to pollution by urban wastewater: Court referral
;The Urban Waste Water Directive also requires Member States to have identified rivers and coastal waters sensitive to pollution by wastewater discharges by 31 December 1993, and to update the list every four years. The first review was therefore due in December 1997. The sensitivity of the receiving waters is decisive in determining the level of treatment that the wastewater must undergo before it can be discharged.
;An assessment of the UK's 1997 review showed that the UK had failed to designate and protect all the rivers and coastal waters that are sensitive to eutrophication due to a very restrictive interpretation of when a receiving water is sensitive. The Commission sent a first written warning in November 1999, followed by a second warning in April 2001 (see IP/01/546). In response, the UK sent additional information and explained its approach. But assessments of the UK's lists by the Commission have shown the lists are not complete.
;In parallel, another infringement case has been dealing with the lack of designation of sensitive rivers and coastal waters in Northern Ireland, as well as the lack of protection of rivers and coastal waters that had been designated as sensitive. In this case, the Commission sent a first warning in July 2003 and a second warning in July 2004 (see IP/04/933). The Commission will now group these two cases together and refer them to the Court of Justice.
;Protection of the ozone layer: final warning before possible Court action
;The UK has been sent a final warning before the Commission may refer the case to the Court as a result of failing to comply with an EU regulation governing substances that deplete the ozone layer[4]. This Regulation, which implements the 1987 Montreal Protocol in the EU, aims to curb and eventually eliminate the use of substances that destroy the ozone layer. The ozone layer in the stratosphere protects life on Earth from harmful solar rays, which can cause skin cancer and blindness in humans and which also negatively affect animals and vegetation.
;The UK has not set out the minimum qualification requirements for personnel involved in the recovery, recycling and destruction of ozone-depleting substances. In addition, the Commission is still awaiting confirmation that the necessary systems to support the recovery, recycling and destruction of substances emanating from Gibraltar are in place. Finally, it has not shown that it has put in place minimum qualification requirements for personnel involved in this particular activity.
;A letter of formal notice was sent on 30 March 2004. The UK responded on 1 June 2004; however, the information provided indicated that outstanding issues regarding these areas remained.
;Noise and electro-waste: final warnings before possible Court action
;Alongside several other Member States, the UK has also received final warnings before possible Court referrals for failure to transpose into its national legislation, by 18 July 2004, an EU law on noise[5] (see IP/05/894) and, by 13 August 2004, three Directives on waste electrical and electronic equipment[6] (see IP/05/895).
;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 91/689 of 12 December 1991 on hazardous waste
;[2] Council Directive 91/271/EEC of 21 May 1991 concerning urban wastewater treatment
;[3] "Secondary treatment" means a treatment making it possible to eliminate suspended solids and dissolve pollutants by a process generally involving biological treatment.
;[4] Regulation (EC) No 2037/2000 of 29 June 2000 on substances that deplete the ozone layer
;[5] Directive 2002/49/EC of 25 June 2002 relating to the assessment and management of environmental noise
;[6] 1.) Directive 2002/96/EC of 27 January 2003 on waste electrical and electronic equipment, as amended by Directive 2003/108/EC; 2.) Directive 2003/108/EC of 8 December 2003 amending Directive 2002/96/EC on waste electrical and electronic equipment; 3.) Directive 2002/95/EC of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment