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The European Commission has decided to refer nine Member
States to the European Court of Justice for failing to transpose
the EU directive on liability for damage to the environment
into their domestic law.
The deadline was 30 April 2007.
The nine Member States are Austria, Belgium (concerning the
Brussels region only), Greece, Finland, France, Ireland, Luxembourg,
Slovenia and the United Kingdom.
Environment Commissioner Stavros Dimas said - "The Environmental
Liability Directive implements the polluter-pays principle
and is one of the most significant new pieces of EU environmental
law of the last few years. More than a year after the deadline,
it is high time these nine Member States transposed it - not
least to create the necessary legal security for operators
carrying out activities falling under the directive and to
avoid distortions in its implementation. This could arise,
for instance, in the case of damage affecting more than one
Member State."
The Environmental Liability Directive (ELD)
establishes a legal framework for environmental liability
based on the 'polluter-pays' principle, with the aim
of preventing and remedying environmental damage. Natural
and legal persons who operate or control activities listed
in the directive are strictly liable for the damage they cause
to the environment through their activity. The environmental
damage covered is damage to protected species or natural habitats,
water bodies or soil.
The Commission on 1 June 2007, sent a first written warning
to 23 Member States that had not transposed the directive
at that time. Fourteen of those have since done so.
Legal Process
Article 226 of the Treaty gives the Commission powers
to take legal action against a Member State that is not respecting
its obligations.
If the Commission considers that there may be an infringement
of EU law that warrants the opening of an infringement procedure,
it addresses a 'Letter of Formal Notice' (first written
warning) to the Member State concerned, requesting it to submit
its observations by a specified date - usually two months.
In the light of the reply - or absence of a reply - from
the Member State concerned, the Commission may decide to address
a 'Reasoned Opinion' (second and final written warning)
to the Member State. This clearly and definitively sets out
the reasons why it considers there to have been an infringement
of EU law and calls upon the Member State to comply within
a specified period - normally two months.
If the Member State fails to comply with the Reasoned Opinion,
the Commission may decide to bring the case before the European
Court of Justice. Where the Court of Justice finds that the
Treaty has been infringed, the offending Member State is required
to take the measures necessary to conform.
Article 228 of the Treaty gives the Commission power to act
against a Member State that does not comply with a previous
judgement of the European Court of Justice - again by issuing
a first written warning ('Letter of Formal Notice')
and then a second and final written warning ('Reasoned
Opinion'). The article then allows the Commission to ask
the Court to impose a financial penalty on the Member State
concerned.
For further information -
- For rulings by the European Court of Justice - Click
Here
- For more information on the Environmental Liability
Directive - Click
Here
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