Milieu: juridische acties tegen Duitsland wegens niet-naleving nitratenrichtlijn en Habitatrichtlijn (en)
The European Commission has decided to pursue legal action against Germany over two cases involving infringements of EU laws to protect the environment. The Commission is taking Germany to the European Court of Justice over its rules governing the use of agricultural fertiliser because they are not fully in line with the EU Nitrates Directive. In the second case, the Commission has sent Germany a final warning for not taking sufficient action to comply with a 2001 Court judgement which found that Germany had not submitted an exhaustive list of designated nature conservation sites under the EU Habitats Directive. If Germany fails to remedy this situation the Commission could take the case to Court a second time and ask the Court to impose a fine.
Environment Commissioner Stavros Dimas said: "The Commission has worked closely with the German authorities and we have made considerable progress towards resolving these issues, but it is not yet enough. The German authorities have to go the extra mile and implement these laws fully so that Europe's citizens get the high level of environmental protection they deserve and to which member states have signed up."
Fertiliser limits
The EU Nitrates Directive[1] seeks to prevent excessive levels of nitrates getting into surface and ground waters from animal waste and from the use of agricultural fertilisers. High nitrate levels cause undesirable ecological changes in water and contribute to the proliferation of harmful blooms of algae. They can also make water unhealthy to drink.
In December 2003 the Commission sent Germany a final written warning stating that two aspects of Germany's fertiliser regulation (`Düngeverordnung') were not compatible with the Nitrates Directive. Since then good progress has been made in discussions between the Commission and the German authorities, but the necessary legal amendment of the German regulation has still not been adopted and the two infringements therefore persist.
Firstly, while the directive requires member states to lay down rules for the application of fertiliser to steeply sloping ground, the German regulation is too general in this respect and therefore fails to meet the directive's requirements. Secondly, Germany's limit on the amount of nitrogen that can be applied to grasslands, 210 kg per hectare, exceeds the limit of 170 kg per hectare set by the directive.
In view of these continuing infringements, the Commission has decided to take Germany to the Court of Justice.
Nature conservation sites
In a case brought by the Commission, the Court ruled in September 2001[2] that Germany had not submitted an exhaustive list of nature sites for designation as sites of Community importance (SCI) under the 1992 Habitats Directive.[3] The directive provides a comprehensive protection scheme for important habitat types as well as for a wide range of animal and plant species. SCIs are sites that are considered to contribute significantly to the maintenance or restoration of biological diversity.
Since the Court judgement the Commission and the German authorities have worked together to identify which further habitats and species should be designated under the directive, and as a result many of the gaps have been filled.
However, the Commission is concerned that Germany has not proposed sufficiently large areas in four important river estuaries - the Weser, Elbe, Ems and Trave - as SCIs. Linked to this, the Commission also considers that several fish species should be designated as species requiring special conservation areas to be designated for them. Further designation deficits regarding both habitat types and species remain for a number of Länder (federal states).
For these reasons the Commission has decided to address a final written warning to Germany that it should comply fully with the 2001 Court judgement. The Commission has the power to go back to the Court and ask it to impose a fine if Germany's response is not satisfactory.
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 91/676/EEC
[2] Case C-71/99
[3] Directive 92/43/EEC