WRITTEN QUESTION P-1760/01 by Antonios Trakatellis (PPE-DE) to the Commission. Environmental legislation: implementation of Court of Justice judgment in case C-387/97 and payment of a financial penalty by the Greek authorities.
Date: 2001-06-12
Institutions: European Parliament, Provisional data
Subjects: EU control, Greece, application of EU law, fine, judgment of the Court (EU), national implementing measure, waste disposal

C 93 E/26

Official Journal of the European Communities

EN

18.4.2002

In this connection, can the Commission provide information on the amount allocated under the heading
of this exceptional aid, its execution level, its budgetary origin and the conditions agreed?

Answer given by Mr Barnier on behalf of the Commission

(11 September 2001)

The Commission is very aware of the social, economic and environmental consequences of the severe
floods that struck Portugal in January 2001.

It is unable to grant exceptional financial assistance because the specific budget heading for emergency aid
to cope with natural disasters in the Member States was deleted by Parliament
in 1997. About
EUR 5 million was allocated annually to that heading. The Commission must therefore use the instruments
available, in particular under the regional policy, to provide disaster-stricken regions with the aid they need
for rebuilding.

Portugal falls entirely within Structural Funds Objective 1 and has been allocated EUR 20.5 billion for
2000-06. As they are responsible for managing Portugal’s various Objective 1 operational programmes
(OP), the Portuguese authorities can decide to part-finance infrastructure and development projects for the
production sectors affected, provided that they meet the programme’s objectives, are eligible under the
Structural Funds and comply with the regulations in force.

In this connection, the OP for agriculture and rural development approved by the Commission on
30 October 2000 makes provision for a measure for prevention and the rebuilding of agricultural
development potential; no funds were initially allocated to that measure given the unpredictability of such
events. As a result of the floods in question, the Portuguese authorities proposed that the Monitoring
Committee for the programme allot EUR 25 million to the measure by deducting an equivalent amount
from the funds for support for agricultural holdings under the same programme; this was approved by the
Monitoring Committee at its meeting of 7 May 2001. The change could be made under the existing
arrangements for flexibility since it involved financial transfers between measures within the same priority.

Lastly, Article 87(2)(b) (ex Article 92) of the EC Treaty states that aid granted by the Member States to
make good damage caused by natural disasters is compatible with the Treaty. The Commission will give
urgent attention to notifications from the Portuguese authorities. Any decision to allocate aid or not,
however, is for the Portuguese alone to take.

(2002/C 93 E/028)

WRITTEN QUESTION P-1760/01

by Antonios Trakatellis (PPE-DE) to the Commission

(12 June 2001)

Subject: Environmental

legislation:

implementation of Court of Justice judgment in case C-387/97 and

payment of a financial penalty by the Greek authorities

In its judgment of 4 July 2000 (C-387/97), the Court of Justice ordered the Hellenic Republic to pay a
daily penalty of 20 000 euro for each day of delay in implementing the measures necessary to comply with
its judgment of 7 April 1992 (C-45/91 Commission v Greece) owing to its failure to take the necessary
measures to dispose of solid waste in the area of Chania without endangering human health and without
harming the environment, and for its failure to implement all the measures necessary to execute the
judgment.

According to the Commission, 4 780 000 euro of the total penalty of 5 400 000 billion euro was paid
between the date of publication of the judgment (4 July 2000) and 20 May 2001, and although the ‘fine’
continues to be paid into the Union’s own resources, the Greek authorities claim that they have taken all
the measures necessary to comply with the judgment.

18.4.2002

EN

Official Journal of the European Communities

C 93 E/27

What practical measures have the Greek authorities taken to dispose of solid waste in the area of Chania
without endangering human health and without harming the environment in accordance with Article 4 of
Directive 75/442/EEC (1) on waste, given their failure to draw up waste disposal plans for that area in
accordance with Article 6 of Directive 75/442/EEC, and programmes for the disposal of
toxic and
dangerous waste in accordance with Article 12 of Council Directive 78/319/EEC (2) on toxic and dangerous
waste?

How will the Commission establish whether the Greek authorities have ceased to be in breach of and
complied with the Court’s judgment in case C-387/97? Will it require the environmental damage to be
made good and, if so, to what extent can that be accomplished in the area in question?

What measures will the Commission take to ensure, in similar circumstances in the future, that when the
Court of Justice imposes a financial penalty on a Member State, procedures are in place to monitor and
evaluate the measures taken to comply with the Court’s judgments?

(1) OJ L 194, 25.7.1975, p. 39.
(2) OJ L 84, 31.3.1978, p. 43.

Answer given by Mrs Wallström on behalf of the Commission

(18 September 2001)

Following the judgment of the Court of Justice of 4 July 2000 (Case C-387/97), imposing a penalty of
€ 20 000 per day for failure to implement measures in execution of the judgment of 7 April 1992, Greece
has paid € 5 400 000 to cover the period from 4 July 2000 to the end of March 2001.

The Greek authorities have notified the adoption of regional plans for the management of solid waste and
dangerous waste in the Chania region, the closure of the illegal Kouroupitos rubbish tip and the start-up of
a temporary waste treatment and storage plant at Mesomouri pending the entry into service of permanent
recycling and disposal installations.

An expert report has confirmed that the measures notified by the Greek authorities have actually been
implemented by them, and on the basis of that report the Commission recently decided to terminate this
infringement procedure. The Commission will also be examining the question of restoration of the site.
The Commission is reserving the option of bringing a new infringement procedure if it considers that the
present state of the site constitutes an infringement of Community waste legislation.

The Commission would remind the Honourable Member that the case in question is the first judgment of
the Court of Justice on the basis of Article 228 (ex Article 171) of the EC Treaty imposing a penalty on a
Member State. The experience gathered in dealing with this case will be taken into account in handling
future cases.

(2002/C 93 E/029)

WRITTEN QUESTION E-1819/01

by Cristiana Muscardini (UEN) to the Commission

Subject: Expenditure on Ispra JRC scientific personnel

(21 June 2001)

As a result of the policy which the Commission has been pursuing over the last few years to the
satisfaction of certain Member States, the Ispra research centre has taken on an increasingly more
administrative and increasingly less scientific character, contrary to its initial aims, which have apparently
not been officially changed.

Regarding Article B6-111 of the 2001 budget (purely where expenditure on the Ispra centre’s current staff
complement is concerned), can the Commission say what individual amounts are intended for Ispra’s
administrative and scientific personnel?