Spanje krijgt laatste waarschuwing voor industrieel afval (en)

IP/10/311

Brussels, 18 March 2010

Environment: Commission sends Spain final warning over industrial waste

The European Commission is sending Spain a final warning about a 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. The stockpiling has been going on for more than 40 years, and some 120 million tonnes of waste have now been dumped.

European Environment Commissioner Janez Poto?nik said: "Nature is not a dustbin and Member States must manage the waste they produce each year in an environmentally-friendly way. I do not like to see waste dumped without adequate disposal plans, and I urge Spain to put its house in order quickly."

Industrial waste in the Huelva estuary

The Commission is sending Spain a final warning for permitting the stockpiling of industrial waste, in breach of EU environmental laws on waste1, on integrated pollution prevention and control2 (IPPC), and on landfills3.

For more than 40 years, fertiliser manufacturers have been dumping industrial waste in the Rio Tinto marshlands near the city of Huelva. 120 million tonnes of phosphogypsum, a substance that forms when phosphate is reacted with sulphuric acid to produce fertilizer, have been landfilled in area of 1200 ha.

An industrial permit was granted to the companies concerned in 2008. But after a close examination of the permit, the Commission considers that by failing to consider phosphogypsum as industrial waste and applying to these activities the requirements set under EU waste legislation, the Spanish authorities are still in breach of several EU environmental laws.

Spain has to submit its reply within two months. If the Commission were satisfied with Spain's reply, the case could be referred to the Court of Justice.

Legal Process

The Commission has the power to take legal action against a Member State that is not respecting its obligations under Community law, under Article 258 of the Treaty on the Functioning of the European Union.

The infringement procedure begins with a first written warning ("Letter of Formal Notice") to the Member State concerned, which must be answered within two months.

If the Commission is not satisfied with the reply, this first letter may be followed by a final written warning ("Reasoned Opinion") clearly explaining the infringement, and calling on the Member State to comply within a specified period, usually two months.

A failure to act on the final written warning can result in a summons to the Court of Justice. If the Court rules against the Member State, it must then take the necessary measures to comply with the judgment.

If, despite the ruling, a Member State still fails to act, a further round of the infringement process begins under Article 260 of the Treaty, this time with only one written warning. This second round can ultimately result in financial penalties for the Member State concerned.

For current statistics on infringements in general see:

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

Case:

2007/2448

1 :

Directive 2006/12/EC of 5 April 2006 on waste.

2 :

Directive 2008/1/EC of 15 January 2008 concerning integrated pollution prevention and control.

3 :

Directive 1999/31/EC of 26 April 1999 on the landfill of waste.