IP/02/414
Brussels, 14 March 2002
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
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 VolatileOrganic 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 IncineratorsDirectives 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[1] 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[2] 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[3] 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[4] 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[5] 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[6][7] 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.
For current statistics on infringements in general see:
1
[1] Directive 1999/94/EC of the European Parliament and of the Council of 13 December 1999 relating to the availability of consumer information on fuel economy and CO2 emissions in respect of the marketing of new passenger cars.
[2] European Parliament and Council Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC
[3] Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC
[4] Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations
[5] Council Directive 92/72/EEC of 21 September 1992 on air pollution by ozone
[6] Council Directive 89/369/EEC on the prevention of air pollution from new municipal waste incineration plants
[7] Council Directive 89/429/EEC EEC on the prevention of air pollution from existing municipal waste incineration plants