Commissie waarschuwt Spanje over industrie-afval (en)

The European Commission i is sending a written warning to Spain in a case regarding the breach of EU laws governing the treatment and disposal of industrial waste. The case concerns the stockpiling of solid industrial waste in the Huelva estuary without the necessary waste management measures for the protection of the environment being required.

European Environment Commissioner Stavros Dimas i said: "It is imperative that Member States i properly manage the large quantities of waste produced each year. I am very concerned by the instances of dangerous substances being disposed of in Spain without adequate plans to deal with them in the long-term. I urge Spain to promptly rectify such shortcomings."

Industrial waste in the Huelva estuary

The Commission is sending Spain a written warning for permitting the stockpiling of industrial waste, in breach of EU environmental laws, namely directives on waste^[1], on integrated pollution prevention and control^[2] (IPPC), and on landfills^[3].

Over the past 40 years some 120 million tonnes of the industrial waste phosphogypsum has been stockpiled in the marshland areas of the Tinto river in the Huelva estuary in south western Spain, as a residue from fertiliser manufacturing in the area. Under the landfills and IPPC directives member states are obliged to provide permits to prevent and control pollution from landfill sites. The Commission first raised the case with Spain in May 2008 after the deadline for issuing such permits expired (30 October 2007) and no permits had been issued^[4].

Spanish authorities claim that phosphogypsum is an industrial by-product, not a waste. Accordingly, the industrial permits that were ultimately issued allowed the fertilizer manufacturers to continue disposing the phosphogypsum waste into landfills close to populated areas without fulfilling the conditions under applicable EU environmental law. The Commission takes the view that since the substance has been disposed of it must be considered as waste with a permit issued to ensure its proper management according to EU environmental laws. The Commission is therefore sending Spain a written 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 written warning ("Letter of Formal Notice") to the Member State concerned, requesting it to submit its observations within a specified period, 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 final written warning ("Reasoned Opinion") 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.

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://ec.europa.eu/community_law/your_rights/your_rights_forms_en.htm#infractions

For rulings by the European Court of Justice see:

http://curia.europa.eu/en/content/juris/index.htm

^[1] Directive 75/442/EC of 15 July 1975 on waste.

^[2] Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control.

^[3] Directive 1999/31/EC of 26 April 1999 on the landfill of waste.

^[4] IP/08/704