WRITTEN QUESTION E-2776/01 by Chris Davies (ELDR) to the Commission. Enforcement of environmental legislation (Greece).
Date: 2001-10-09
Institutions: European Parliament, Provisional data
Subjects: Court of Justice of the European Union, Crete, EU Member State, exchange of information, fine, infringement of EU law, infringement procedure (EU), storage of waste, waste management

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EN

6.6.2002

In 2000, the first three validated in vitro methods were introduced (4) into Annex V of Council Directive
67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions
relating to the classification, packaging and labelling of dangerous substances (5). The Commission attaches
great importance to this work and is actively promoting the acceptance of these methods also in the
framework of the Organisation for economic cooperation and development (OECD) Test Guidelines
in order to secure their worldwide application. A number of other scientifically-validated
Programme,
methods are to be put forward for regulatory acceptance in the near future.

Furthermore,
in consultation with other Commission services and with external experts, ECVAM is
preparing a comprehensive review of the current status of non-animal test methods and their future
potential,
in the light of the challenges and opportunities provided by the White Paper on a future
chemicals policy as well as a detailed review on the current status of non-animal test methods for cosmetic
ingredients and products.

The total support for ECVAM in the Fifth Framework Programme is € 26,5 million.

The Commission has no information on financial support by the Member States for the replacement
alternative tests.

(1) OJ L 26, 1.2.1999.
(2) OJ C 240 E, 28.8.2001.
(3) OJ L 358, 18.12.1986.
(4) OJ L 136, 8.6.2000.
(5) OJ B 196, 16.8.1967.

(2002/C 134 E/101)

WRITTEN QUESTION E-2776/01

by Chris Davies (ELDR) to the Commission

(9 October 2001)

Subject: Enforcement of environmental legislation (Greece)

What is the total amount paid by the Greek Government in settlement of the fine imposed by the
European Court of Justice for the failure to prevent pollution resulting from inadequate storage of waste
on Crete, and is any payment outstanding?

What work has been carried out to prevent the recurrence of the problem, and is the Commission satisfied
with what has been done?

When did the Commission first commence enforcement measures in a bid to ensure that the work was
undertaken, and is it able to provide an estimate of the cost, in terms of the time spent by its officials,
involved in this exercise over many years?

What lessons have been learnt by the Commission from this exercise which may assist its future work in
enforcing environmental legislation?

How many cases of a similar nature to this are now being pursued by the Commission, and does any EU
Member State NOT have any enforcement action being taken against it?

Answer given by Mrs Wallström on behalf of the Commission

(3 December 2001)

In its judgement (1) delivered on 4 July 2000 (second judgement under article 228 (ex Article 171) of the
EC Treaty) the European Court of Justice declared that by failing to take the measures necessary to ensure
that waste is disposed of in the area of Chania without endangering human health and without harming
the environment in accordance with Article 4 of Council Directive 75/442/EEC (2) and by failing to draw
up for that area plans for the disposal of waste, pursuant to Article 6 of Directive 75/442/EEC, and of toxic
to Article 12 of Council Directive 78/319/EEC (3), Greece has not
and dangerous waste, pursuant

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Official Journal of the European Communities

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implemented all the necessary measures to comply with the judgement in Case C-45/91 (first judgement
under article 226 (ex Article 169) of the EC Treaty and has failed to fulfil its obligations under Article 171
of the EC Treaty.

The Court of Justice ordered to pay to the Commission, into the account ‘Community own resources’, a
penalty payment. This penalty was set at € 20 000 for each day of delay in implementing the measures
necessary to comply with the judgement of 7 April 1992 in case C-45/91 (4), from delivery of the second
judgement until the first judgement has been complied with.

The Commission has sent periodically to the Greek authorities letters requesting the payment of the daily
penalty of € 20 000 for the months of July 2000 (as from the 4th) to February 2001 included which
Greece has paid all the amounts due within the deadlines foreseen. This represents a total amount of
€ 5 400 000 paid to the Commission by Greece.

By successive letters sent in July 2000, October 2000 and March 2001, the Greek authorities have
communicated to the Commission information concerning the adoption of the solid and dangerous waste
management plans of the district of Chania, the definitive closure of the illegal dump of Kouroupitos, the
full functioning of the new provisional installation in Messomouri, the timetable for the construction of a
permanent waste landfill site in Korakia together with a composting plant. With the purpose of verifying
the technical and factual dimension of this information, the Commission selected two independent experts,
who, after inspecting the site area (23-25 June 2001), produced a report (9 July 2001) accompanied with
photographic evidence. In the light of the above, the Commission concluded that Greece complied with
the requirements of the Court of Justice’s judgement.

While a few infringement procedures were launched against Member States under article 228 of the EC
Treaty, as listed in the eighteenth annual report on monitoring the application of Community law
(2000) (5), this is the first judgement of the Court of Justice delivered on the basis of this Article and
imposing a fine on a Member State. Because of the particularity and the unique character of this case, the
Commission has handled it in a very careful way, which necessitated the involvement of many officials and
a great investment in terms of time. It must be added that the procedure aiming to ensure that Greece has
undertaken measures to conform to the Community environmental law on waste commenced in 1989.

The experience attained by this exercise will help the Commission to draw conclusions for the treatment of
future similar cases and will assist the Commission in its task to enforce environmental legislation. The
‘Kouroupitos case’ creates a strong precedent mainly for Greece, where many problems raised by
uncontrolled landfill sites exist. Furthermore, the same conclusion is valuable for other Member States
where problems of similar nature occur.
In fact, Member States comply rapidly with Community
obligations when there is the pressure of the article 228 of the EC Treaty fine payment. In other terms, the
introduction of this new procedure by the Maastricht Treaty is proved to be successful. It should be
noticed that two cases concerning the application of Council Directive 76/160/EEC (6)
in the United
Kingdom (C-85/2001) and in Spain (C-278/2001) are before the Court of Justice under the Article 228 (of
the EC Treaty) procedure.

In fact, there are a large number of cases pursued by the Commission concerning uncontrolled disposal of
waste. Out of 1 330 open cases concerning violation of the Community environmental law, 146 cases are
related to illegal landfills. More specifically, 42 cases have to do with Spain, 27 with Italy, 21 with Greece,
12 with France, 11 with Ireland, 10 with the United Kingdom, 8 with Germany, 6 with Belgium, 2 with
each one of Austria, Denmark, Luxembourg and Portugal and 1 case with the Netherlands. There are no
complaints regarding Finland and Sweden on this issue. The new Council Directive 1999/31/EC (7), which
has come into effect on 16 July 2001, specifies the minimum requirements for design, operation, closure
and after-care of landfills and will help to improve the management of new landfills in the Community.

(1)

Judgement of 4 July 2000, C-387/97, ECR p. 5047. We have to notice that article 171 mentioned in the judgement
has become article 228.

Judgement of 7 April 1992, C-45/91, ECR p. 2509.

(2) Council Directive 75/442/EEC of 15 July 1975 on waste, OJ L 194, 25.7.1975.
(3) Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste, OJ L 84, 31.3.1978.
(4)
(5) COM(2001) 309 final (Volume I).
(6) Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water, OJ L 31, 5.2.1976.
(7) Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, OJ L 182, 16.7.1999.