WRITTEN QUESTION P-3915/00

by Chris Davies (ELDR) to the Commission

(6 December 2000)

Subject: Implementation of environmental legislation

In her confirmation hearing before the European Parliament's Environment Committee on 2 September 1999, Commissioner (designate) Wallstrom stated:

I believe that we must first and foremost enlist the public's help. With better information, for example, by publishing reports on how the Member States are dealing with implementation, following up our decisions in the Commission and the Parliament, and by producing more of these reports I believe that we can bring the public on board. I think that it is an important point of departure. I am sure that it is possible to do considerably more in this respect.

1. What new steps has the Commission taken since that date to name and shame Member States and encourage implementation of environmental legislation in ways which represent an important point of departure?

2. What additional new procedures does the Commission intend to introduce so as to do considerably more?

Answer given by Mrs Wallström on behalf of the Commission

(23 January 2001)

Among the various actions taken by the Commission to this end, it may be worth mentioning that it published its 16th Annual Report on monitoring the application of Community law(1) and that it published Directorate general Environment's second Annual Survey, providing up-to-date information on the state of application of Community environmental law. This more specific publication comprises five main parts: continuing follow-up actions to the Commission's communication on implementing Community environmental law(2); other specific horizontal actions; the work carried out by IMPEL during the period covered by the survey and its work programme for 2000; details of Member States' transposing legislation communicated for Community environmental directives to be transposed during the period of the survey: and a reproduction of the Environment chapter from the Commission's 16th Annual Report on monitoring the application of Community law. The aim of this second Annual Survey is to continue to increase awareness and improve transparency of the

transposition, application and enforcement of Community environmental law in the Member States. It demonstrates how the Commission, with the assistance of all the main stakeholders, is putting into effect the principal suggestions contained in the communication, and how all the main actors are contributing to an improved environment.

The Commission also discussed and agreed with the Member States technical guidelines for a better understanding and implementation of the provisions of Council Directive 92/43/EEC of 21 May 1992, on the conservation of natural habitats and wild fauna and flora(3).

Furthermore the Commission held a seminar on bathing water on 30 May 2000, where the level of compliance of the different Member States with the provisions of directive 76/160/EEC of 8 December 1976 on bathing water(4) was brought to the attention of the public and the media at the occasion of the publication of Commission's Bathing Water report, concerning the 1999 bathing season.

The Commission pursued its policy of ensuring appropriate implementation of Community environmental law, taking action against non-complying Member States by means of the infringement proceedings set out in Articles 226 and 228 (ex Articles 169 and 171) of the EC Treaty and 141 and 143 of the Euratom Treaty, and bringing decisions taken in this context to the attention of the public by means of press releases.

The Commission also held specific meetings with Member States where suspected or confirmed cases of non-compliance are discussed(5).

In addition, further seminars on implementation will take place in 2001. Other measures intended to improve implementation and compliance are being examined.

(1) OJ C 354, 7.12.1999.

(2) COM(96) 500 final.

(3) OJ L 206, 22.7.1992.

(4) OJ L 31, 5.2.1976.

(5) In 2000, meetings have been held i.a. with Belgium, Germany, Greece, Spain, France, Italy, Austria, Portugal, Sweden and the United Kingdom.