De Commissie neemt gerechtelijke stappen tegen Griekenland over overtredingen (en)

The European Commission has decided to take legal action against Greece in two cases where EU rules to protect the environment are being violated. The cases concern hazardous waste management and bird conservation. The Commission is taking Greece to the European Court of Justice i (ECJ) over its failure to adopt and implement appropriate legislation for hazardous waste treatment, and over a separate failure to fully transpose EU legislation for the protection of wild birds into Greek law. A separate case regarding sewage sludge treatment is being closed.

One of the cases concerns hazardous waste management, a problematic area in Greece. Greece has not adopted an adequate management plan for hazardous waste and tolerates the uncontrolled disposal of the majority of the hazardous waste produced, violating several key requirements of the Waste Framework Directive [1]. This Directive is the central pillar of EU legislation designed to ensure environmentally sound waste management in member states.

After being sent a final warning in December 2005, Greece modified its legal framework for the management of hazardous waste and adopted a new management plan that was sent to the Commission in March 2007. Despite that adoption, the country is still not complying with its obligations.

The Commission considers that the plan is too general and does not provide a coherent waste management strategy. The Commission takes the view that the management plan adopted is not sufficiently precise, in particular as regards the identification of suitable disposal sites, and that the inventory of hazardous waste is not yet definitive for all categories. Thousands of tons are stocked "temporarily", pending disposal or recovery. Greece has admitted that 600 000 tons of hazardous waste are stocked at sites considered by the Greek authorities as "polluted in principle".

While the Greek authorities have recognised the problem and are committed to solving it, the adopted management plan will not ensure the resolution of the problem. The Commission has therefore decided to refer the case to the European Court of Justice (ECJ).

Under the EU directive on the protection and conservation of wild birds (the Birds Directive), [2] Member States must designate special protection areas (SPAs) for the birds covered by the directive. Interpreting this provision, the ECJ has stated that member states should also give the designated SPAs an appropriate legal protection regime that is capable of achieving the conservation objectives of the species and habitats concerned.

Conformity studies revealed that Greece had failed to transpose the Birds Directive correctly. An infringement process was therefore initiated in April 2006. The Greek authorities then adopted new legislation in relation to hunting, but failed to adopt legislation for the remaining provisions concerned. A final written warning was sent in June 2007, but as the Greek authorities have not replied, the Commission has decided to bring the matter before the ECJ.

A separate case is also pending regarding Greece's failure to transpose the Habitats Directive correctly.

In a case concerning the treatment of the sewage sludge produced by the Psyttalia waste water treatment plant begun in 2002, following the entry into operation of a new sewage sludge drying unit to address the issue the Commission has decided to close the infringement proceedings.

Some 800 tons of swage sludge were produced on a daily basis in Psyttalia. They were temporarily stored on site, while in the past they were shipped to the Ano Liossia landfill. The temporary storage of sewage sludge entailed risks for public health and the environment and is contrary to EC legislation (Directives 75/442/EC on waste and 91/271/EC on urban waste water). At present, the new sewage sludge drying unit, which was co-financed with EC funds, is operational as of 26/9/2007. The situation has been brought back to legality.

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 the Commission considers that there has 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://ec.europa.eu/community_law/infringements/infringements_en.htm

[1] Directive 75/442/EEC, as amended by Directive 91/156/EEC

[2] Directive 79/409/EEC