Europese Commissie geeft Portugal definitieve waarschuwing over drinkwater (en)

The European Commission has sent Portugal a final written warning for not complying with a 2005 European Court of Justice ruling on drinking water. The Commission has powers to ask the Court to impose fines if Portugal does not comply rapidly. Nearly eight years after the EU standards took effect and three years after the Court ruling, drinking water in many parts of Portugal is still unsafe for human consumption.

European Environment Commissioner Stavros Dimas said: "It is unacceptable that after so much time Portugal has still not ensured that drinking water is safe throughout the country. This poses a threat to human health which must be quickly remedied. Unless this is done the Commission will consider asking the European Court to fine Portugal for each day the infringement persists."

Final written warning before returning to the Court

The final warning has been sent under Article 228 of the Treaty. Article 228 gives the Commission powers, after sending two written warnings, to ask the ECJ to impose fines on a Member State that has not fully complied with a previous Court ruling.

The 1998 Drinking Water Directive[1] aims to ensure that all drinking water is safe by setting strict limits on the concentrations of micro-organisms and chemicals allowed. Drinking water must be regularly monitored to ensure compliance. Member States were required to transpose the directive into national law by 25 December 2000.

In a case brought by the Commission, the ECJ ruled in 2005 that drinking water in Portugal breached the directive by failing to comply with seven of the requirements, concerning faecal coliforms, total coliforms, faecal streptococci, sulphite-reducing Clostridia, aluminium, iron and manganese.

Since the ruling the Portuguese authorities have taken a number of measures to address the problem, including the creation of a single body to manage water control systems, measures to control water quality and disinfect water in distribution networks, and the modernisation of infrastructure.

However, there are delays in implementing some of these measures and the water infrastructure projects are not expected to be finished before 2013. Meanwhile the latest monitoring report shows that drinking water in many areas of Portugal still fails to comply with the microbiological limits set out in the Court's judgement.

In view of this unsatisfactory situation the Commission has decided to pursue its legal action. Portugal has two months to respond to the final warning.

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 further information on infringements in general, including current statistics, please visit the following web-site:

http://ec.europa.eu/environment/legal/implementation_en.htm

[1] Directive 98/83/EC on the quality of water intended for human consumption