Frankrijk moet op tien punten de nationale regelgeving aanpassen aan EU-milieuwetgeving (en)
The European Commission has decided to pursue infringements against France in ten cases involving breaches of EU environmental laws. France has been sent three warnings for not respecting judgements of the European Court of Justice (ECJ) concerning genetically modified micro-organisms (GMMs), genetically modified organisms (GMOs) and waste management. In addition, in the last stage before the Commission may refer the cases to the Court, France will receive five final warnings for non-compliance with other EU environmental laws. These actions are part of a series of environment-related infringement decisions against several Member States, which the Commission is now announcing. Meanwhile, the Commission has been able to close several previously publicised infringement cases since France has taken the required measures.
;Environment Commissioner Stavros Dimas said: "I am pleased that we were able to close a number of our cases against France. However, many cases remain. I trust that France will continue to take action to solve these. It is particularly worrying that France has not complied with several Court rulings." He added that EU environment policy ensures a high level of environmental protection - which is one thing which citizens are very clear in demanding.
;Final warning to comply with Court ruling: Genetically modified micro-organisms
;The Commission has sent France a final written warning for non-compliance with a judgement delivered by the ECJ on 27 November 2003 over the failure to correctly transpose into national law an EU directive on the contained use of genetically modified micro-organisms[1] (GMMs) (case C-429/01). This Directive regulates research and industrial work activities involving GMMs, such as genetically modified viruses or bacteria under conditions of containment - for example in laboratories -where the GMMs have no contact with the population and the environment.
;In its national legislation, France has failed to ensure that emergency plans are drawn up for the nearby population in the event of an accident, that emergency services are made aware of the hazards, and that the public is informed about the safety measures in place and the correct behaviour. If France continues to be non-compliant, the European Commission may ask the Court to impose a financial penalty on France.
;First warning to comply with Court ruling: GMO legislation
;The Commission has also sent France a first written warning for non-compliance with a judgement delivered by the ECJ on 15 July 2004 (case C-419/03). The case concerns the failure to adopt and communicate national legislation to give effect to an EU law aimed at controlling the release of genetically modified organisms (GMOs) into the environment[2], both for experimental purposes and in connection with the placing on the market of a GMO. This law is at the centre of the EU's GMO legislation and aims to ensure that only authorised GMOs are released into the environment. The authorisation procedures includes, among other things, a scientific safety check and environmental risk assessment, information to the public and close monitoring. The deadline set for adopting this legislation was 17 October 2002.
;First warning to comply with Court ruling: Landfills
;The Commission has sent France another first written warning for non-compliance with a judgement delivered by the ECJ on 5 December 2004 (case C-172/04). The case concerns France's failure to fully adopt and communicate national legislation to give effect to an EU law on landfills[3]. This law establishes a set of detailed requirements that must be met with regard to waste landfills in order to avoid negative effects on human health and the environment. These effects include polluted surface water, groundwater, soil and air. The necessary French legislation is still incomplete. The missing measures concern waste acceptance procedures as well as inert waste.
;Final warning before Court action: ;Lack of protection for the Bearded vulture
;France has been sent a final written warning for insufficient designation and protection of sites hosting a rare wild bird species, the Bearded vulture (Gypaetus Barbatus). This represents a violation of the Birds Directive[4], which mentions the Bearded vulture as particularly threatened and in need of special protection. The Bearded vulture is one of the rarest raptors in Europe, with some 250 couples remaining. It inhabits exclusively high mountainous areas (500 - 4,000 m). Thirty percent of the species' European population is found in France, which makes its conservation there of vital importance. France has failed to designate all of the most suitable territories for the conservation of the species. It has also failed to modify its legislation in order to ensure an adequate protection regime for the Bearded vulture, including the prohibition of deliberate disturbance of the birds, particularly during the period of breeding and rearing.
;Final warning before Court action: ;Lack of protection of the ozone layer
;France has been sent another final written warning because it has not met its reporting obligations with regard to the quarantine and pre-shipment (QPS) use of methyl bromide, a highly ozone-depleting pesticide that is being phased out. Methyl bromide depletes the Earth's ozone layer which protects humans, animals and plants from the sun's dangerous ultraviolet radiation.
;Its use for QPS treatments is still allowed to ensure that traded crops are pest-free since alternatives for this specific use are only slowly developed.
;The EU's Regulation on substances that deplete the ozone layer[5] envisages the eventual cessation of all uses of ozone-depleting substances, including methyl bromide. Contrary to the Regulation, France has failed to provide complete reports for 2001, 2002 and 2003. Correct reporting is important for the Commission to keep track of the EU's use of methyl bromide - and to meet international obligations.
;Further final warnings before Court action
;Alongside several other Member States, France has been sent final warnings for failing to notify to the Commission its national implementing legislation for EU laws on noise[6] (see IP/05/894), on public access to environmental information[7] (see IP/05/892) and on waste electrical and electronic equipment[8] and hazardous materials in such equipment[9] (see IP/05/895). Similar action is being taken against several other Member States.
;Cases resolved
;Seine Estuary
;On 18 March 1999, the European Court of Justice (ECJ) condemned France for failing to fully designate and protect the Seine Estuary under the EU Wild Birds Directive (case C-166/97), and the Commission sent France a final written warning to comply with the ruling in December 2001. France has now put in place improved wildlife measures in the Estuary, which is an internationally important wetland. The Commission has therefore closed the case.
;Waste management plans
;In July 2003, the Commission sent France a first written warning for non-respect of an ECJ judgement of 2 May 2002 (case C-1999/292) concerning the failure to adopt waste management plans in compliance with EU waste rules[10] (see IP/03/1108). The necessary plans have since been sent to the Commission and the case has now been closed.
;Alsatian hamster
;In July 2003, the Commission sent France a final written warning in response to the investigation of a complaint accusing the French authorities of not taking adequate measures to protect the Alsatian Hamster, a species requiring strict protection under the Habitats Directive (see IP/03/1109). France has since strengthened its protection legislation, allowing the case to be closed.
;End-of-life vehicles
;In January 2005, the Commission announced that it had sent France a first written warning for not respecting an ECJ judgement of 1 July 2004 (case C-331/03) concerning the failure to transpose an EU directive[11] aimed at promoting the reduction of waste arising from motor vehicles that have reached the end of their useful life (see IP/05/29). The outstanding national legislation has since been sent to the Commission, allowing the case to be closed.
;Legal Process
;Standard procedure
;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" (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.
;The infringement actions mentioned in this press release have been taken under Article 226 unless otherwise stated.
;`Follow-up' procedure
;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 current statistics on infringements in general see:
;http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm#infractions
;For rulings by the European Court of Justice see:
;http://curia.eu.int/en/content/juris/index.htm ;
;[1] Council Directive 90/219/EEC on the contained use of genetically modified micro-organisms
;[2] Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC
;[3] Council Directive 1999/31/EC on the landfill of waste
;[4] Council Directive 79/409/EEC on the conservation of wild birds
;[5] Regulation (EC) No 2037/2000 of 29 June 2000 on substances that deplete the ozone layer
;[6] Directive 2002/49/EC of 25 June 2002 relating to the assessment and management of environmental noise
;[7] Directive 2003/4/EC on access to environmental information repealing Dir 90/313
;[8] Directive 2002/96/EC of 27 January 2003 on waste electrical and electronic equipment, as amended by Directive 2003/108/EC, and Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003 amending Directive 2002/96/EC on waste electrical and electronic equipment
;[9] Directive 2002/95/EC of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment
;[10] Council Directive 75/442/EEC on waste, as amended by Directive 91/156/EEC, Council Directive 91/689/EEC on hazardous waste an d European Parliament and Council Directive 94/62/EC on packaging and packaging waste
;[11] Directive 2000/53/EC on end of life vehicles