WRITTEN QUESTION P-3912/00

by Antonios Trakatellis (PPE-DE) to the Commission

(6 December 2000)

Subject: Implementation of environmental legislation in Greece, ECJ Judgment C-387/97 and the examination of the charges brought concerning the project to build a link across the Gulf of Malia

In view of the fact that Greece has failed effectively to transpose into national law and to comply with many regulations of secondary Community legislation on environmental protection and given also that the judgments of the European Court of Justice (ECJ) on respecting environmental legislation in Greece are rarely implemented, resulting in a host of indictments and a very substantial loss of national financial resources,

will the Commission say:

1. What progress has been made in implementing ECJ judgment C-387/97 of 4 July 2000 concerning the payment by Greece to the Commission into the EC own resources account of a daily fine of 20 000 owing to the illegal operation of the Kouroupitos waste tip in Crete, how have the Greek authorities responded to the Commission's letter of 9 November 2000 and what is the total sum due?

2. What measures does it consider would suffice to put an end to the violation of the implementation of the first judgment by the Court of Justice (C-45/91) and how will compliance by the Greek authorities be established?

3. Is it in a position to take a decision on the payment of the daily financial penalty after compliance with the judgments handed down by the ECJ in the event of a fresh violation and what provision been made by the Commission to ensure the full implementation of the judgments in question?

4. What stage have the proceedings against Greece reached for failing correctly to transpose or violating Directive 85/337/EEC(1) on the assessment of the effects of certain public and private projects on the environment (as amended by Directive 97/11/EC)(2), Directive 92/43/EEC(3) on the conservation of natural habitats and of wild fauna and flora and Directive 79/409/EEC(4) on the conservation of wild birds?

5. What measures has it taken or does it intend to take in view of the alleged violations in respect of the project to build an underwater link in the Gulf of Malia and what has the response of the Greek authorities been as regards finding alternative solutions?

6. Is it possible for the project to be co-funded from Community funds if Community legislation is being violated, and what measures will it take to avert the danger of a loss of funds owing to the implementation of the new strict laws regarding the disbursing and taking-up of structural fund resources under the third CSF?

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.

(3) OJ L 206, 22.7.1992.

(4) OJ L 103, 25.4.1979.

Answer given by Mrs Wallström on behalf of the Commission

(25 January 2001)

1. In its judgment of 4 July 2000(1), the Court of Justice ordered Greece to pay into the EC's own resources account a fine of 20 000 for each day's delay in taking the action needed to comply with the judgement of 7 April 1992 in Commission v. Greece, starting on the day on which the judgment was handed down and until the date of compliance. Greece must therefore pay the daily fine of 20 000 as from 4 July 2000.

On 20 October 2000 the Commission sent the Greek authorities a letter, in accordance with current rules(2), asking them to pay, at the latest two months after receiving the letter, the sum of 1 760 000 representing the daily payment of 20 000 per day due for the months of July to September 2000. Furthermore, the Commission indicated in its letter to the Greek authorities that it would be sending a letter each month requesting payment (at the latest two months after receiving each letter) of the sum of the fine for the month in question. Two further letters were sent to the Greek authorities on 9 November 2000 and 4 December 2000 requesting payment of 620 000 and 600 000, these being the sums due for October and November 2000, respectively.

The sum total of the fine due for the months of July to November 2000 is therefore 2 980 000. The Greek authorities have so far not replied to the Commission's letters.

2. In order to comply with the judgment of 4 July 2000, Greece must take the action needed to ensure that waste is disposed of without endangering human health or harming the environment, adopt a regional management plan for waste and hazardous waste, close down the illegal waste tip at Kouroupitos and restore the site. The Greek authorities have so far sent the Commission the regional management plan for waste and hazardous waste. This document and the information sent by the Greek authorities following the Court judgment are being examined.

3. In accordance with Article 228 (ex Article 171) of the Treaty, the Commission may make a referral to the Court of Justice if it finds that a Member State has failed to take the action needed to comply with a Court judgment. In doing so, the Commission specifies what it consider to be the appropriate amount of penalty payment to be paid by the Member State concerned. In its judgment, the Court may impose the payment of a lump sum or a penalty payment. The penalty payment has to be paid up to the date on which the Member State takes all the action needed to comply fully with the judgement of the Court of Justice. If the Member State subsequently infringes Community law, Article 226 (ex Article 169) of the Treaty applies.

4. The Commission found that Greece had not adopted measures to transpose Directive 97/11/EC(3) and referred the matter to the Court of Justice on 11 October 2000 (Case C-2000/374). Furthermore, the Commission found that Greece had not taken adequate measures to protect the turtle Caretta caretta, in violation of Article 12 of Directive 92/43/EEC(4), and referred the matter to the Court on 17 March 2000 (Case C-2000/103). In addition, on 28 July 2000 the Commission sent a reasoned opinion to the Greek Government for infringement of Article 4 of Directive 79/409/EEC(5) concerning the date of closure of the hunting season. On 1 August 2000, the Commission sent a further reasoned opinion to the Greek authorities concerning the non-conformity of the national implementing measures transposing Directive 85/337/EEC.

5. The undersea tunnel project in the Gulf of Maliakos is part of a priority project for the construction of the Pathe motorway, which will be funded by the Community during the period 2000-2006.

In the framework of its examination of the complaint it has received about this undersea tunnel project in the Gulf of Maliakos, the Commission is in the process of analysing the documents sent by the Greek authorities in order to decide what action to take.

6. If a violation of legislation is confirmed, the project concerned is not eligible for co-financing under Community funds. The Commission has no obligation or competence to take preventive action to avoid possible loss of Community funds by Member States following a confirmed violation of Community legislation.

(1) Case C-387/97.

(2) Decision of 14 December 1994 on the provisions of the internal procedure for recovering lump sums or fines imposed by the Court of Justice in pursuance of Article 171 of EC Treaty.

(3) Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.

(4) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.

(5) Council Directive 79/4090/EEC of 2 April 1979 on the conservation of wild birds.