Commissie start procedures tegen Italië wegens 11 inbreuken op milieurichtlijnen (en)

dinsdag 18 oktober 2005

The European Commission has decided to pursue legal action against Italy in eleven cases involving breaches of EU environment law. Ten of the cases address the failure to provide key information on air pollution, nature protection, waste management, environmental impact assessment and biotechnology. 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 i said: "In spite of previous warnings, Italy is not complying fully with EU environmental laws or cooperating over our requests for information. The Italian authorities should take the necessary steps quickly so that Italy's citizens and its environment can benefit from the protection granted under European law."

Environmental impact assessment

The Commission has decided to send the Italian government a supplementary final written warning over the way Italy has implemented the EU directive on Environmental Impact Assessment (EIA)[1] with respect to projects known as "strategic works to be built in the national interest." Italian law provides for an alternative impact assessment procedure for this type of projects. This law does not, in the Commission's opinion, go far enough to ensure that an additional EIA is carried out if a project is modified compared to the original project.

The EIA directive requires authorities to examine the environmental impacts of major infrastructure projects, and to consult the public, before deciding whether to grant development consent. It prescribes that updates of an EIA are necessary for any modification to a project which may significantly change the overall impact of the project compared with the original project.

Lack of co-operation with the Commission

The Commission has also sent Italy 10 first written warnings for breach of Article 10 of the Treaty, which requires Member States to cooperate with the Commission to allow the Commission to carry out its tasks. The Commission sent requests for information in the following cases in May 2005, followed by reminders in July, but Italy has consistently failed to respond:

  • A case regarding the enlargement of the military base on La Maddalena island (Sassari), which consists of a floating structure 100 metres long and 10 metres wide. This is likely to have significant impact on the Arcipelago della Maddalena conservation area, which Italy has proposed as a Site for inclusion in the Natura 2000 network of conservation sites established under the EU Habitats Directive[2].
  • Two cases concerning waste incineration. One involves plans for a major waste incinerator (with a capacity of 240,000 tonnes/year) in Ischia Podetti (Trento), whose impact on three nearby nature sites of European importance has not been assessed. The other concerns a plant for the incineration of Refused Derived Fuel (RDF) in Corteolona (Pavia), with a capacity of 60,000 t/y, which has been built in breach of the EU directive on environmental impact assessment.
  • Two cases regarding projects for skiing infrastructure. One, in Pinzolo-Madonna di Campiglio (Trento), affects various nature sites of European importance in the Adamello-Brenta Dolomites, as well as a zone which should have been designated as a Special Protection Area under the EU directive on the conservation of wild birds.[3] The second, a project for cross-country skiing in Selva di Progno (Verona), affects a nature site which is both classified as being of European importance and which is also proteced under the wild birds directive (the "Monti Lessini- Pasubio- piccole Dolomiti vicentine").
  • Three cases concerning hydroelectric projects. One, for hydroelectric installations in Val Masino (Sondrio), affects two nature sites of European importance, the "Val di Mello - Piano di Preda Rossa", which is also a Special Protection Area for wild birds, and the "Bagnid i Masino - Pizzo badile - Pizzo del Ferro." The second, a Lombardy Region programme on the use of water resources, has set rules for using river water for hydroelectric purposes that do not comply with the procedural and substantive provisions of the Habitats Directive. The Commission has also requested information on a case concerning the management of water resources in Lago d'Idro (Brescia) since it is being claimed that the use of water from this lake is having a negative impact on the "Lago d'Idro" nature site of European importance.
  • A case concerning the management of packaging waste in the Campania Region, which has failed to set up return and collection systems in line with the requirements of the EU packaging waste directive. [4]
  • A case concerning national measures on the co-existence of genetically modified crops and conventional agriculture. The Commission has asked Italy for information on the measures taken to ensure that an Italian decree-law[5] complies with the EU directive[6] on the deliberate release of genetically modified organisms.

In these cases, the Commission has received complaints from citizens/organisations that EU law might not be correctly applied in Italy. By not responding to the Commission's request for information, Italy is in breach of its obligations under the Treaty. Without the active cooperation of Member states, the Commission cannot carry out its tasks - and make sure that EU environment policy is being correctly applied by the member states.

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 85/337/EEC as amended by Directive 97/11/EC

[2] Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna.

[3] Directive 79/409 on the conservation of wild birds

[4] Directive 94/62/EC on packaging and packaging waste, as amended by Directive 2004/12/EC

[5] decree-law (decreto-legge) 279 as amended by law (legge) n° 5/2005

[6] Directive 2001/18/EC

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