WRITTEN QUESTION E-2983/03 by Mihail Papayannakis (GUE/NGL) to the Commission. Instances of infringements of Community legislation on the environment.
Date: 2003-10-09
Institutions: European Parliament, Provisional data
Subjects: Greece, environmental law, infringement of EU law, infringement procedure (EU), national implementing measure

C 78 E/206

Official Journal of the European Union

EN

27.3.2004

(2004/C 78 E/0210)

WRITTEN QUESTION E-2983/03

by Mihail Papayannakis (GUE/NGL) to the Commission

(9 October 2003)

Subject: Instances of infringements of Community legislation on the environment

Can the Commission say in which specific cases it has identified incompatibilities between Greek
legislation and Community legislation on the environment? In which of these cases has the Commission
launched infringement proceedings against Greece?

Answer given by Mrs Wallström on behalf of the Commission

(12 November 2003)

On 21 October 2003, there were 92 cases open concerning suspected or confirmed infringements of
Community environmental legislation in Greece. Of these, 24 relate to Community waste management
legislation, 19 relate to Directive 85/337/EEC, as amended by Directive 97/11/EC (1), 19 concern nature
protection, 13 relate to air pollution, 11 relate to water, and the remaining six concern other areas of
Community environmental legislation. In 42 cases the Commission, considering that Greece has failed to
meet its obligations under Community environmental legislation, has initiated infringement proceedings
under Article 226 or Article 228 of the EC Treaty.

For 11 infringement cases, the Commission has sent Greece a reasoned opinion in accordance with
Article 226 of the Treaty. The infringements concern the designation of special protection areas under
Directive 79/409/EEC (2), the construction of a waste water treatment plant in Gerani, the treatment of
used oils, protection of the Mesolongi lagoon, an illegal waste dump in Paiania, sewage sludge treatment at
the Psittalia plant, the Maroulas waste dump on Crete, and failure to notify measures transposing Directives
2000/69/EC (3), 2000/76/EC (4), 2001/80/EC (5) and 2001/81/EC (6).

Justice: case C-301/01 (non-
The Commission has already brought nine cases before the Court of
conformity of measure transposing Directive 85/337/EEC into Greek law), C-119/02 (failure to establish a
system for the collection and appropriate treatment of urban waste waster in the Thriassio region), C-420/
02 (operation of a waste dump at the Pera Galinoi site on Crete), C-163/03 (pollution in the Thriassio
Pedio region), C-167/03 (incompatibility of Greek hunting legislation with the Birds Directive), C-246/03
(failure to notify measures transposing Directive 2000/53/EC (7)), C-247/2003 (failure to notify measures
transposing Directive 1999/22/EC (8)), C-364/03 (operating conditions at a power station in Linoperamata,
Crete), C-416/03 (failure to notify measures transposing Directive 2001/18/EC (9)).

The Commission, considering that Greece has not taken the measures required to comply with certain
judgments of the Court of Justice, has also initiated infringement proceedings under Article 228 of the EC
Treaty. The cases in question concern failure to establish programmes including quality objectives in order
to reduce pollution caused by dangerous substances covered by the first indent of list II in the annex to
Directive 76/464/EEC (10) (judgment of 25 May 2000, C-384/97), failure to establish and implement an
effective system of strict protection for the sea turtle Caretta caretta on Zakynthos (judgment of 30 January
2002, C-103/00) and failure to provide the information specified in Article 8(3) of Directive 91/689/
EEC (11).

The Commission has also decided to bring two more infringement cases before the Court of Justice. On
21 October 2003, the preparations for lodging the applications were in hand. The infringements concern
the operation in Greece of a large number of illegal or uncontrolled waste dumps and the inadequate
treatment of waste water in Athens.

27.3.2004

EN

Official Journal of the European Union

C 78 E/207

In its judgments of 5 June 2003, the Court of Justice stated that, by failing to notify measures transposing
Directive 2000/14/EC (12)
(C-352/02) and by failing to communicate the information referred to in
Article 11 of Directive 96/59/EC (13)
its obligations under those
Directives.

(C-83/02), Greece had failed to fulfil

(1) 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, OJ L 73, 14.3.1997.

(2) Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, OJ L 103, 25.4.1979.
(3) Directive 2000/69/EC of Parliament and of the Council of 16 November 2000 relating to limit values for benzene

and carbon monoxide in ambient air, OJ L 313, 13.12.2000.

(4) Directive 2000/76/EC of Parliament and of the Council of 4 December 2000 on the incineration of waste, OJ L 332,

28.12.2000.

(5) Directive 2001/80/EC of Parliament and of the Council of 23 October 2001 on the limitation of emissions of

certain pollutants into the air from large combustion plants, OJ L 309, 27.11.2001.

(6) Directive 2001/81/EC of Parliament and of the Council of 23 October 2001 on national emission ceilings for

certain atmospheric pollutants, OJ L 309, 27.11.2001.

(7) Directive 2000/53/EC of Parliament and of

the Council of 18 September 2000 on end-of-life vehicles (cid:1)

Commission Statements, OJ L 269, 21.10.2000.

(8) Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos, OJ L 94,

9.4.1999.

(9) Directive 2001/18/EC of Parliament and of the Council of 12 March 2001 on the deliberate release into the
environment of genetically modified organisms and repealing Council Directive 90/220/CEE (cid:1) Commission
Declaration, OJ L 106, 17.4.2001.

(10) Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into

the aquatic environment of the Community, OJ L 129, 18.5.1976.

(11) Council Directive 91/689/EEC of 12 December 1991 on hazardous waste, OJ L 377, 31.12.1991.
(12) Directive 2000/14/EC of Parliament and of the Council of 8 May 2000 on the approximation of the laws of the
Member States relating to the noise emission in the environment by equipment for use outdoors, OJ L 162,
3.7.2000.

(13) Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and poly-

chlorinated terphenyls (PCB and PCT), OJ L 243, 24.9.1996.

(2004/C 78 E/0211)

WRITTEN QUESTION E-2984/03

by Christopher Huhne (ELDR) to the Commission

(9 October 2003)

Subject: Building on seafronts

Can the Commission state whether there is any EU legislation that prohibits or affects building on

1.
seafronts or beaches?

2.

Can the Commission confirm or indicate whether it has any intention to introduce such a proposal?

Answer given by Mrs Wallström on behalf of the Commission

(10 November 2003)

There is no Community legislation that prohibits building on seafronts or beaches. However prior to
1.
development consent, a construction project may be subject to an environmental impact assessment in
application of 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 (1) (‘EIA Directive’).
Annexes I and II of this Directive list projects that are likely to occur in the coastal zone, such as port
facilities, coastal defence works, marinas and more in general urban and tourism development projects
(Annex I.8; Annex II.10 (b) (e) (k) and 12 (b), (c)).

2. While the Commission does not have the intention to propose legislation to prohibit building on the
seafront, the problems associated with construction in the coastal zone are being looked into.