WRITTEN QUESTION P-2462/97 by Antonios Trakatellis (PPE) to the Commission (8 July 1997)

Subject: Initiation of proceedings in respect of the violation of Community environmental protection and public health legislation by Greece

The Commission is the guardian of Community law and watches over the implementation of the Treaties and the provisions adopted on the basis thereof by the relevant bodies (secondary and tertiary legislation). As regards the implementation of Community environmental and public health legislation by Greece, can the Commission say:

1. how many times, and in which specific cases, it has initiated proceedings or prepared measures for the implementation of Article 169 of the EC Treaty (action against violations);

2. how many times, and in which specific cases, it has initiated proceedings or prepared measures for the implementation of Article 171 (1) and (2) of the EC Treaty (action against failure to comply with judgment of Court of Justice);

3. what stage has been reached in the proceedings it has initiated, on the basis of Articles 169 and 171 of the EC Treaty; and

4. as regards its decision of 26.6.1997 to seek to impose a fine of ECU 24 600 a day on Greece in respect of a problem concerning waste, does it intend to withdraw its action based on Article 171(2) of the EC Treaty, if Greece complies with its obligations?

Answer given by Mrs Bjerregaard on behalf of the Commission (6 August 1997)

As guardian of the EC Treaty, the Commission is responsible for ensuring that Community legislation is applied by all Member States. In the Environment sector, the Commission, exercising its prerogative to initiate infringement proceedings in order to ensure the full implementation of Community law, has already opened such proceedings against Greece based on Article 169 of the EC Treaty. Additionally, having noted the delay of the Greek authorities in taking the necessary measures to comply with a 1992 judgement of the Court of Justice (concerning the failure by Greece to meet the obligations set out in Directives 75/442/EEC ((OJ L 194, 25.7.1975. )) and 78/319/EEC ((OJ L 84, 31.3 1978. )) on waste and dangerous waste respectively), the Commission, in accordance with Article 171 of the EC Treaty, decided in June 1997 to bring a second action before the Court of Justice, as it had previously done against Germany (procedures 86/0222, 86/0121 and 87/0372) and Italy (procedures 88/0239 and 90/0240).

In its fourteenth Report on the Application of Community Law ((Document COM(97) 299. )), the Commission gave information to Parliament on all proceedings which had been initiated in the Environment sector with a view to ensuring the implementation of Community Law in the Member States. Annex IV to the report gives detailed information as to the state of progress of any infringement proceedings opened against Member States.

The Honourable Member requests details on the implementation of Article 171 of the EC Treaty. This provision allows the Commission to bring a case before the Court and to request a financial penalty (a lump sum or penalty payment) against a Member State which has failed to implement a judgement of the Court. The Court itself decides the amount of the financial penalty.

In its Communication on the implementation of Article 171 of the EC Treaty ((OJ C 242, 21.8.1996. )), the Commission defined a series of criteria which it applies when invoking this provision. The Commission favours a penalty payment as the most appropriate instrument for achieving compliance as quickly as possible. In order to make clear what are the general criteria it will take into account in determining the amount of a penalty payment, the Commission has adopted a second Communication on the method of calculating the penalty payment set out in Article 171 of the EC Treaty ((OJ C 63, 28.2.1997. )).

When having recourse to this provision, the objective is to induce Member States to make their laws comply with Community law as quickly as possible. In this context, the adoption by the Member State of the measures necessary to conform to the judgement of the Court may, where appropriate, lead to the Commission withdrawing its action before the Court.

In line with this approach, the Commission has decided to terminate proceedings 86/0222 (for failure to transpose Directive 79/409/EEC on the conservation of wild birds ((OJ L 103, 25.4.1979. ))) and 86/0121 (for failure to transpose Directive 80/68/EEC on the protection of groundwater ((OJ L 20, 26.1.1980. ))) against Germany, and proceeding 88/0239 against Italy (for failure to transpose Directive 75/440/EEC on the quality of surface water intended for the abstraction of drinking water ((OJ L 195, 25.7.1975. )) and Directive 91/156/EEC on waste ((OJ L 78, 26.3.1991. ))), following notification by these two Member States of measures taken to conform with the judgement of the Court of Justice.

In the other two cases where proceedings under Article 171 were initiated, viz. proceeding 87/0372 against Germany (for failure to transpose Directive 75/442/EEC) and proceeding 90/0240 against Italy (for failure to transpose Directive 84/466/EEC laying down basic measures for the radiation protection of persons undergoing medical examination or treatment ((OJ L 265, 5.10.1984. ))), the Commission is currently examining the notifications received from the national authorities with a view to deciding on the next step in these two cases.