EN Official Journal of the European Union CE 84/747

(2004/C 84 E/0842)

WRITTEN QUESTION E-4056/03

by Elspeth Attwooll (ELDR) to the Commission

(13 January 2004)

Subject: Implementation of the environmental acquis

In its Fourth Annual Survey on the implementation and enforcement of Community environment law, the Commission's scoreboard on implementation of the acquis demonstrates that the UK was particularly weak in adopting national measures to transpose directives within the appropriate deadlines. Can the Commission provide a comparative analysis in relation to both the UK and the rest of the EU on the success or failure of the Scottish Executive specifically to implement the environmental acquis in those areas over which it has competence?

Furthermore, given that the Fourth Annual Survey has highlighted continued problems with regard to implementation of the environmental acquis across the EU, what action is the Commission taking to improve implementation levels, and how successful is such action so far? What additional powers would the Commission like to have to enforce legislation?

Answer given by Mrs Wallström on behalf of the Commission

(17 February 2004)

The record of the United Kingdom in transposing Community environmental legislation is not significantly different than for the other Member States. The Honourable Member probably refers to the table and the graph on page 44 of the Fourth Annual Survey, according to which there were 21 cases for noncommunication open against the United Kingdom in comparison with 97 for all Member States (i.e. 21,6 % of all cases for the United Kingdom) by 31 December 2002.

According to the latest figures for 31 December 2003, the picture is rather different. There are currently only five infringement cases for non-communication open against the United Kingdom in comparison with 79 for all Member States (i.e. 6,3 % of all cases for the United Kingdom, which puts it within the average for all Member States). An important factor in this change in statistics is the recent judgment of the European Court of Justice in Case C-30/01, according to which there is no requirement to transpose some internal market directives with ancillary environmental objectives into the legislation for the territory of Gibraltar. As a consequence, an investigation of several non-communication cases against the United Kingdom could have been terminated.

It is not possible to say to what extent the transposition difficulties are caused by the Scottish Executive. The Commission investigates infringements by the Member States, irrespective of their regional distribution. It is for the Member States to decide on means for transposing the directives, as well as on the number of national legislative acts involved in transposition.

The Commission is undertaking numerous steps to support better implementation and enforcement of Community environmental legislation, in accordance with Commission Communication (1) of 11 December 2002 on the better monitoring of the application of community law. This is done not only through complaint and infringement procedures, but also through a number of proactive measures, ‘inter alia’ through package meetings with the Member State authorities, through the provision of the best examples in implementation, through the dissemination of guidelines on implementation, by publishing reports on implementation (like the Fourth Annual Survey), through early warning about the new Community directives following their adoption and prior to the expiry of the transposition deadline.

The Honourable Member is also concerned whether additional powers are needed by the Commission for the enforcement of Community environmental legislation. It is the Commission's view that its powers established by the EC Treaty to monitor and enforce compliance with Community environmental legislation are adequate.

(1) COM(2002) 725 final.