Air quality and emissions: Commission moves against
France, Germany,
the United Kingdom, Greece, Spain, Austria, Italy, Ireland, Denmark
and Finland over non-implementation of EU laws
European Commission
The European Commission has decided to take legal action against
several Member States for failing to implement, or inadequately
implementing, EU laws on air quality and air emissions. A number of
Member States have been referred to the European Court of Justice
for failing to implement Directives into national law and notify the
Commission of implementation: France, Germany, the United Kingdom,
Italy and Spain in relation to a Directive on consumer access to
fuel economy and CO2 emissions data; Italy and the United Kingdom
concerning an amendment to the Fuel Standards Directive, and Germany
in relation to the Directive on the Sulphur Content of Liquid Fuels.
Austria will also be referred to the Court as a result of incomplete
implementation of the Municipal Waste Incinerators Directives.
Italy, the United Kingdom, Ireland, Denmark, Greece, Spain and
Finland have each received a Reasoned Opinion (second written
warning) for failing to adopt the necessary legislation to transpose
the Volatile Organic Compounds (VOC) Directive. Finally, Austria has
received a Reasoned Opinion as a result of the non-compliance of
Austrian legislation with the Ozone Directive.
Commenting on the decisions, Environment Commissioner Margot
Wallström said: "These Directives were agreed three to four years
ago. It is disappointing that some Member States have still not made
good their commitments. I urge these Member States to bring their
laws into line with European laws as soon as possible. These laws
must be implemented if we are to reduce and prevent air pollution in
the EU with its serious effects on the environment and on human
health."
Austrian cases
The Municipal Waste Incinerators Directives were mainly transposed
by the Austrian Clean Air Act for Hot Steam Boilers and the
respective Regulation. However, the Austrian legislation has still
several shortcomings. Notably the missing transposition of the
Directives in the federal Industrial Code, the federal Waste
Management Act and the waste laws of the Länder. The Commission is
aware that Austria is about to replace its existing transposition
system (split into several laws) by drawing up a single
comprehensive law transposing the new Waste Incineration Directive
2000/76 (transposition due by 28 December 2002).
Austrian legislation to implement the Ozone Directive differs from
the Directive on the level and determination of thresholds for when
information of the public is necessary. Austria allows higher
threshold level, exceedence of thresholds at least at two
measurement points instead of one, three hourly mean value instead
of one hour mean value.
Legislation
Consumer access to fuel economy and CO2 emissions data
The CO2 Emissions Data Directive is aimed at helping consumers to
consider fuel the issues of fuel economy and CO2 emissions when
buying new cars. The deadline for adopting and communicating the
required national texts was 18 January 2001.
Technical specifications for fuel
The Fuel Standards Directive sets technical specifications on
health and environmental grounds for fuels that are used by vehicles
equipped with positive-ignition and compression-ignition engines.
The Directive introduces, amongst other things, a prohibition on the
marketing of leaded petrol and sets standards for diesel fuel.
Commission Directive 2000/71/EC adapts the measuring methods laid
down in the Annexes to the Fuel Standards Directive to any technical
progress that has been made, as foreseen in Article 10 of the
Directive. Member States should have transposed the amending
Directive and notified the Commission of this by 1 January 2001.
Limitation on sulphur content of liquid fuels
The Sulphur Content of Liquid Fuels Directive aims to reduce
sulphur dioxide emissions by setting maximum sulphur content levels
for heavy fuel oil and gas oil. It also contains provisions for
testing the compliance of fuels with Community standards. Sulphur
dioxide emissions are one of the main factors behind the problem of
acidification (i.e. the deposit of acids by rain and other forms of
precipitation, which damage crops and ecosystems in rural areas, and
damage buildings and monuments in urban areas). They also have
adverse implications for human health because they contribute to
respiratory problems. Member States should have transposed the
Directive before 1 July 2000.
Reduction of emissions of volatile organic compounds
The aim of the VOC Directive is to prevent or reduce the direct
and indirect effects of emissions of volatile organic compounds into
the environment, and the potential risks to human health, by setting
emission limits for such compounds and laying down operating
conditions for industrial installations using organic solvents. The
deadline for adopting and communicating national legislation was 15
April 2001.
Exchanging information and warning public about ozone pollution
The Ozone Directive aims to establish a harmonised system for
monitoring, exchanging information and warning the population about
air pollution caused by ground-level ozone. This should enable
Member States and the Commission to obtain greater knowledge of this
form of air pollution, to maximise the effectiveness of actions
aimed at reducing ozone formation and to guarantee a minimum amount
of public information on ozone levels whenever they exceed critical
thresholds.
Waste incinerators
The Municipal Waste Incinerators Directive set out standards
for municipal waste incinerators.
Legal Process
As guardian of the EC Treaty, the Commission must ensure that the
legal requirements of the Treaty and legislation adopted under the
Treaty are respected by Member States. The procedure being followed
in this case relates to Article 226 of the Treaty, which 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
Community law that warrants the opening of an infringement
procedure, it addresses a "Letter of Formal Notice" 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" (or second written warning) to the Member State. This
clearly and definitively explains why it considers there to have
been an infringement of Community law and calls upon the Member
State in question 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.