Na aanpassing Franse milieuregels stopt de Europese Commissie inbreukprocedure (en)
The European Commission has decided to discontinue legal action against France over two cases of violations of EU environmental law. The first relates to a judgement from 2000 by the European Court of Justice, which required France to ban hunting of wild birds during their pre-nuptial migration and reproduction periods. The other case concerns the issue of polluted drinking water in Brittany, for which the Court condemned France in 2004.
"I welcome the fact that we have been able to resolve these long-standing cases," said Environment Commissioner Stavros Dimas i. "It will however be necessary for France to continue to ensure the compliance of its hunting dates in the future. I hope that France will also make progress in other cases of violations of EU environmental laws."
Bird hunting
In a ruling handed down in December 2000 the European Court of Justice condemned France for setting wild bird hunting seasons during periods when they migrate to their breeding grounds and reproduce (case C-38/99). This violated the EU Birds Directive[[1]], which provides for a comprehensive scheme of protection for the EU's wild bird species, among other things by limiting the periods during which they can be hunted as well as the bird species that can be hunted.
The problems with French hunting dates involved both opening the hunting season too early and/or closing it too late for certain species.
France has reformed its law in stages, first addressing the closing dates for hunting and, more recently, the opening dates. The final French measures, adopted in March 2006, align the opening dates for several wild bird species with the available scientific information. The Commission therefore decided that the case could be closed.
Polluted drinking water in Brittany
The Commission has also decided to close a case concerning polluted drinking water in Brittany.
In October 2004, France was condemned by the European Court of Justice for failing to ensure that drinking water in Brittany meets quality standards laid down in the Directive on the quality of water for human consumption[[2]] (case C-505/03). In fact, the drinking water in Brittany was highly polluted with nitrates, thus threatening in particular the health of babies. Infants below the age of six months who drink water containing excess levels of nitrate can suffer shortness of breath and the blue-baby syndrome, which can result in death. The nitrates come mainly from fertilisers used in agriculture.
Following various measures taken by the French authorities the Commission is of the opinion that the drinking water in Brittany now meets the standards of the Directive, and has decided that the case can be closed.
It should be stressed that there continues to be a need to reduce the pressure by nitrates on water bodies in Brittany, notably from agricultural sources.
Legal Process
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, usually two months.
If the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the 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.
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. The article also 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 79/409/EEC on the conservation of wild birds
[[2]] Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption, replacing Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption