The European Commission has decided to continue legal infringement procedures against Germany and Spain for breaches of EU environmental legislation. Germany has received a first warning because it has not yet complied with a 2004 ruling by the European Court of Justice. The Court had condemned Germany for failing to incorporate into its national laws an important EU law on genetically modified organisms (GMOs). Spain will be referred to the Court in two cases involving wild bird protection and protection of the Earth's ozone layer. In two other cases, concerning public access to environmental information and strategic environmental assessment, Spain has received final warnings before possible Court action. These actions are part of a series of environment-related infringement decisions against several Member States, which the Commission is currently announcing.

Environment Commissioner Stavros Dimas said: “I know that Member States understand the need to address the concerns of their citizens; concerns that legislation must ensure a healthy environment and a high quality of life. I am confident that Germany will act quickly to bring its laws on GMOs in line with European legislation, and that Spain will continue to work towards closing the gaps in its environmental protection."

Germany: first warning to comply with Court ruling concerning GMO legislation

The Commission has sent Germany a first written warning for non-compliance with a judgement delivered by the European Court of Justice on 15 July 2004 (case C-420/03). The case concerns the failure to adopt and communicate national legislation to give effect to an EU law^[1] aimed at controlling the release of genetically modified organisms (GMOs) into the environment.

This law is at the centre of the EU's GMO legislation and aims to ensure that only authorised GMOs are placed on the market and released into the environment to avoid risks to human health and the environment. The authorisation procedures includes, among other things, a scientific safety check and environmental risk assessment, information to the public, and close monitoring after the release. The deadline set for adopting this legislation was 17 October 2002.

In February 2005, Germany informed the Commission that it had partially transposed the legislation and that additional legislation was being finalised to fully transpose the Directive. However, so far no further transposition legislation has been communicated to the Commission.

Spain: two Court referrals for breaches of EU legislation on nature conservation and the protection of the ozone layer

The Commission has decided to refer Spain to the European Court of Justice in two cases.

Protection of wild birds: One case relates to a planned irrigation project in the province of Lleida in Catalonia that would severely affect an area hosting a number of steppe bird species protected under EU law. They include Bonelli’s Eagle, the Stone Curlew, the Black-bellied Sandgrouse, the Pin-tailed Sandgrouse, the Dupont’s Lark and the Lesser Grey Shrike. In the EU's Birds Directive of 1979^[2], they are listed as particularly threatened and in need of special conservation measures. Spain should have classified the habitats of these steppe birds as Special Protection Areas (SPAs) under the Directive, but has failed to do so. As a matter of fact, the Commission has already referred Spain before the European Court of Justice for the lack of sufficient designation of SPAs at a national level (see C-235/04). Catalonia is one of the Autonomous Communities in Spain where, in the Commission’s view, further protection areas should be classified.

In 2004, the Commission sent Spain a first and then a second written warning (see IP/05/46 from 14 January 2005), asking Spain not to adopt any project that might alter the habitat of the endangered bird species in areas that the Spanish authorities had failed to classify as SPA in spite of their ornithological values. In response, the Spanish authorities announced their intention to classify new SPAs in the region of Catalonia which would include the steppe area. However, this new proposal has not been made official yet.

Protection of the ozone layer: The second case that the Commission will bring before the Court of Justice concerns Spain's failure to comply with the EU Regulation on substances that deplete the ozone layer^[3]. This Regulation aims to curb and eventually eliminate the use of substances that destroy the ozone layer. The ozone layer in the stratosphere protects life on Earth from harmful solar rays, which can cause skin cancer and blindness in humans and also negatively affect animals and vegetation.

The Regulation requires Member States to take measures to ensure the recovery, recycling, reclamation and destruction of the controlled substances and to prevent leakages. Member States have very detailed reporting obligations. They must report to the Commission the quantities of substances recovered, recycled, reclaimed or destroyed; describe the measures taken, including information which organisations and users have been assigned which tasks; detail the minimum qualification requirements for all personnel involved; and provide information on annual leak checks for equipment containing more than 3 kg of ozone depleting substances.

After warnings from the Commission (see IP/04/84), Spain has sent some reports, but some important information is still missing.

Spain: two further final warnings

Alongside several other Member States, Spain has also received two final warnings before possible Court referrals for failure to transpose into its national legislation two EU Directives: the first concerns public access to information on the environment held by public authorities^[4] (see IP/05/892), and the second is a Directive aimed at assessing the environmental effects of a wide range of plans and programmes (see IP/05/897).

Legal Process

Standard procedure

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, 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.

The infringement actions mentioned in this press release have been taken under Article 226 unless otherwise stated.

‘Follow-up’ procedure

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://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm#infractions

For rulings by the European Court of Justice see:

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

^[1] Directive 2001/18/EC of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC

^[2] Council Directive 79/409/EEC on the conservation of wild birds

^[3] Regulation (EC) No 2037/2000 of 29 June 2000 on substances that deplete the ozone layer

^[4] Directive 2003/4/EC of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC