Europese Commissie neemt gerechtelijke stappen tegen Griekenland over verwerking afvalwater (en)

The European Commission is taking legal action over two cases where Greece is violating EU legislation designed to protect human health and the environment against pollution from waste water and solid waste. In one case the Commission is launching an infringement procedure against Greece for not putting in place the required infrastructure for collecting and treating waste water in 12 towns and cities despite having already been condemned by the European Court of Justice for this failure. If Greece does not rectify the situation rapidly, the next step might be a financial penalty for Greece. In the other case, the Commission is sending Greece a final warning over problems with the operation of a new landfill which constitute a violation of EU waste legislation.

Lack of urban waste water treatment

Under the EU Urban Wastewater Treatment Directive,[1] agglomerations (towns and cities) of more than 15,000 inhabitants are required to have systems for collecting their waste water and giving it secondary (i.e biological) treatment to remove pollutants before it is discharged into the sea or fresh waters. The deadline for this infrastructure to be operational was 31 December 2000.

In a case[2] brought by the Commission, the European Court of Justice (ECJ) ruled in October 2007 that Greece was violating the directive as 23 agglomerations across the country did not have the necessary collection and treatment systems.

Since the ruling 11 of these agglomerations have been brought into conformity, but 12 more are still not compliant with the rules. In five agglomerations in eastern Attica (Markopoulo, Artemida, Rafina, Koropi and N. Makri) the construction works, co-financed from the EU budget, are not due to be completed until 2013. The Commission considers that this time limit is not reasonable. In six other agglomerations – Malia, Litohoro, Edessa, Hrysoupoli, Lefkimmi and Megara – construction work is still under way. In Tripoli the infrastructure has been completed but no sampling results are available for the moment to show it is operating properly.

The lack of treatment in these agglomerations means that the health of residents is being put at risk since untreated waste water can be contaminated with harmful bacteria and viruses. Untreated waste water also contains nutrients such as nitrogen and phosphorous which can damage the marine environment by promoting excessive growth of algae that chokes off other life. Proper waste water treatment is recognised as an important factor in ensuring a thriving tourist industry, a key sector for the Greek economy.

In view of this continued infringement, the Commission has decided to send Greece a first written warning under Article 228 of the Treaty. Article 228 gives the Commission powers, after sending two written warnings, to take a member state to the ECJ for a second time and to ask for financial penalties to be imposed. The Greek authorities need to accelerate their efforts, particularly as regards the five agglomerations in eastern Attica.

Operational problems at new waste landfill

The Commission is also sending Greece a final written warning over the inadequate operation of a new waste landfill at Fyli in western Attica which represents a danger to human health and the environment. Due to its shortcomings the permitting authorities have refused to grant the landfill the required authorisation, yet the national authorities continue to tolerate its operation.

Four inspections by the permitting authorities between October 2007 and July 2008 have revealed several ongoing operational problems which are not disputed. These include waste not being adequately covered in the landfill, the lack of security at the site which allows people and animals to gain access, the absence of rainwater collection, and the risk of fires and of waste slippage in the landfill.

This situation violates several requirements of the 1999 Landfill Directive,[3] which lays down requirements for the safe operation of landfills, as well as of the Waste Framework Directive,[4] which establishes basic rules and guiding principles for waste management across the EU.

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 91/271/EEC

[2] Case C-440/06

[3] Directive 99/31/EC

[4] Directive 2006/12/EC