Commissie verzoekt Italië, Spanje en Griekenland om te voldoen aan bepalingen Kaderrichtlijn Water (en)

The European Commission has sent final warnings to Italy, Spain and Greece for not complying with basic provisions under the EU Water Framework Directive. The timely designation of their river basin districts, which should have been done already in June of last year, is one of the important building blocs needed to achieve good quality of all water resources. The Commission has also sent first warnings to Italy and Greece for failing to submit environmental studies on the current state of their water resources. These actions are part of a series of environment-related infringement decisions against several Member States which the Commission is now announcing.

Commenting on the decisions, Environment Commissioner Stavros Dimas said: "European citizens are entitled to clean water and a healthy environment. Proper and timely implementation of this ambitious directive will help Italy, Spain and Greece to manage their precious water resources better. I expect these countries to fulfil their obligations under the Directive in a speedy manner.

The Water Framework Directive

The Water Framework Directive,^[1] the cornerstone of EU water policy, establishes a European framework for the protection of all water bodies in the European Union - rivers, lakes, coastal waters and groundwater. Its objective is that all water resources should be of good quality by 2015. This is to be reached through curbs on pollution and cooperative management of water resources within each river basin.

The Directive requires Member States to set up river basin districts, which can include several individual river basins, aquifers and coastal waters. These management units are to be the basis for a series of measures, including analyses and reports on the conditions of water bodies. The Water Framework Directive operates with clear deadlines for the various steps required to move toward sustainable water management in Europe with each step building on the previous.

Clarifying river basin districts and who will manage them

By 22 June 2004 at the latest, Member States were required to designate river basin districts and provide the Commission with detailed information on the authorities they had appointed to manage them.

This requirement was intended to provide a clear picture of the administrative arrangements put in place to meet the directive's ambitious goals. Information is especially important where water bodies are shared by different Member States, but also for citizens, water users and stakeholders who need to have water-management arrangements clarified. Italy, Spain and Greece have yet to provide all of the necessary information and so they have been sent a final written warning. Failure to respond adequately may lead the Commission to take action before the European Court of Justice.

First environmental studies of current situation

By 22 March 2005 at the latest, each Member State was required to report to the Commission on the results of detailed environmental studies carried out on the current state of each river basin district lying within its territory. The studies themselves were supposed to have been finalised by 22 December 2004. By making clear what needs to be addressed through future anti-pollution measures, these studies represent a further important step towards the goal of achieving good water quality, serving as a first basis for filling gaps in knowledge, identifying priorities and preparing broad public consultation. Failure to provide these studies on time might seriously hamper follow-up steps leading to good quality of all European waters by 2015. The Commission has sent Italy and Greece a first warning for not forwarding these studies in time.

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" (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, usually two months.

If the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the 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. The article also 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

^[1] Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy