WRITTEN QUESTION P-3915/00 by Chris Davies (ELDR) to the Commission. Implementation of environmental legislation.
Date: 2000-12-06
Institutions: European Parliament, Provisional data
Subjects: EU environmental policy, application of EU law

C 174 E/184

Official Journal of the European Communities

EN

19.6.2001

The undersea tunnel project in the Gulf of Maliakos is part of a priority project for the construction

5.
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.

(2001/C 174 E/195)

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(cid:146)s Environment Committee on 2 September
1999, Commissioner (designate) Wallstrom stated:

I believe that we must first and foremost enlist the public(cid:146)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 (cid:145)an important point of
departure(cid:146)?

2. What additional new procedures does the Commission intend to introduce so as (cid:145)to do considerably
more(cid:146)?

Answer given by Mrs Wallstr(cid:246)m 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(cid:146)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(cid:146)s communication on implementing Commu-
nity 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(cid:146) 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(cid:146)s 16th Annual Report on
monitoring the application of Community law. The aim of this second Annual Survey is to continue to
the transposition, application and enforcement of
increase awareness and improve transparency of

19.6.2001

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Official Journal of the European Communities

C 174 E/185

law in the Member States. It demonstrates how the Commission, with the
Community environmental
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(cid:146)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.

(2001/C 174 E/196)

WRITTEN QUESTION P-3916/00

by Hiltrud Breyer (Verts/ALE) to the Commission

(6 December 2000)

Subject: BSE in Germany

On 24 November 2000 it became known (reported in the Frankfurter Rundschau, Germany, 25 November
2000) that seven weeks earlier in the Portuguese Azores a bovine animal born in Saxony-Anhalt had
developed BSE. According to information from the Ministry of Agriculture in Portugal, the animal, born
in September 1995, had been brought to the island of Sao Miguel in 1998. The animal was slaughtered on
2 October 2000. Under the European BSE compulsory notification regulation this case should have been
notified immediately to the European and the German authorities.

1. When and by whom was the Commission notified of this case of BSE?

Has this animal, which came from Germany, been assigned to both the Portuguese and the German

2.
BSE statistics?

3. When were the German authorities notified of this case by the Portuguese Government?