Commissie geeft Finland laatste waarschuwing over implementatie milieuwet (en)

The European Commission is sending a final written warning to Finland for failing to comply with a European Court of Justice ruling on environmental liability law. The ruling concerns Finland's failure to transpose the EU directive on liability for damage to the environment into its domestic law. While the transposition has now been completed on the mainland, the directive has not yet passed into law in the province of Åland. The deadline was 30 April 2007. In the absence of measures to comply with the final warning, the Commission has powers to ask the Court to impose fines on Finland.

Environment Commissioner Stavros Dimas said: "The Environmental Liability Directive implements the 'polluter pays' principle, a cornerstone of EU environmental policy. I urge Finland to take swift action to comply with this important legislation and transpose this directive into law across the whole of its territory."

Final warning to Finland over failure to transpose environmental liability directive

In December 2008, the European Court of Justice issued a judgement condemning Finland for its failure to transpose the Environmental Liability Directive ¹ into domestic law. The directive aims to ensure that environmental damage in the EU is prevented or remedied, and that those who cause it are held responsible.

Since no notifying measures had been received, the Commission sent a first warning letter to Finland in June 2009. Finland has since informed the Commission that complete transposition of the directive has taken place on the mainland.,However, it has not yet been transposed in the province of Åland. The Commission concludes that Finland has failed to ensure that the directive is transposed on the whole Finnish territory and is therefore sending a final written warning. If Finland fails to take measures to comply, the Commission could ask the Court to impose fines.

EU environmental liability law

The Environmental Liability Directive establishes a legal framework for environmental liability based on the polluter-pays principle, with the aim of preventing and remedying environmental damage. Natural and legal persons who operate or control activities listed in the directive are strictly liable for the damage they cause to the environment through their activity. The environmental damage covered is damage to protected species or natural habitats, water bodies or soil.

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" (second and 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, 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.

Further information:

For rulings by the European Court of Justice see:

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

For more information on the Environmental Liability Directive:

http://ec.europa.eu/environment/liability/index.htm

¹ :

Directive 2004/35/EC