WRITTEN QUESTION E-2168/02

by Laura González Álvarez (GUE/NGL) to the Commission

(18 July 2002)

Subject: Application of Directive 1999/30/EC by the Spanish authorities

The Spanish Government was condemned by the Luxembourg Court for failing adequately to transpose Directive 96/62/EC(1) on air quality. The deadline for transposition into national law of Directive 1999/30/EC(2), laying down limit values for various pollutants in line with the current state of scientific knowledge, expired on 19 July 2001. The Spanish Government, in keeping with its standard practice, failed to meet the deadlines. The initial data available are alarming. The Madrid Council has acknowledged that average levels of NO2 pollution reached 63 mg/m3 in 2001, a level which exceeded the limit values set and affected a city of almost 3 million inhabitants. Areas around many of Spain's thermal power stations have levels of various pollutants which far exceed the limit values laid down in this Directive.

What measures will the Commission take in view of this worrying situation? What information does it have on the subject?

(1) OJ L 296, 21.11.1996, p. 55.

(2) OJ L 163, 29.6.1999, p. 41.

Answer given by Mrs Wallström on behalf of the Commission

(11 September 2002)

The Commission has taken various steps to ensure that the Spanish authorities comply with the Community environment directives relating to air. In this respect, it has instituted various infringement proceedings in accordance with Article 226 of the EC Treaty.

With regard to Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management (the Air Quality Framework Directive), the Commission instituted initial infringement proceedings against Spain, as part of which it brought an infringement action before the Court of Justice of the European Communities. The Court gave a ruling in its judgment of 13 September 2001 in Case C-417/99, in which it indicated that by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to designate the competent authorities and bodies referred to in the first paragraph of Article 3 of Council Directive 96/62/EC, Spain had failed to fulfil its obligations under that Directive.

Following this ruling, the Spanish authorities adopted the Resolution of 23 January 2002 of the Ministry of the Environment's Technical Secretariat General, containing a list of the competent authorities and bodies responsible for implementing Directive 96/62/EC, in accordance with Article 3 thereof, at central administration and autonomous community level. The Resolution was published on 1 February 2002 in the official State gazette.

The Commission recently instituted new infringement proceedings for failure to transpose other provisions of Directive 96/62/EC, as part of which it has just sent a reasoned opinion to the Spanish Government.

With regard to Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air (first daughter directive), the Commission has instituted infringement proceedings for failure to communicate the national measures transposing the Directive into Spanish law. The deadline for transposition was 19 July 2001. As part of these proceedings, the Commission recently decided to bring an infringement action against Spain before the Court of Justice.

The Commission hopes the aforementioned initiatives will help resolve any specific problems, such as those the Honourable Member refers to in her written question.