Environment Commissioner Stavros Dimas said: “Discharging urban waste water without proper treatment constitutes a danger to both health and the environment. By not complying with European law, the Greek authorities not only risk further legal action, but also considerable losses of EU funding”.
Urban waste water in Thriassio Pedio area
The Commission has sent Greece a first written warning for not having executed the European Court of Justice's ruling of 24 June 2004[1]. Greece was condemned for its failure to take measures to building a collecting system for urban waste water from the area of Thriassio Pedio and for not subjecting waste water to a strict treatment[2] before it is discharged into the sensitive area of the Gulf of Elefsina.
The Urban Wastewater Treatment Directive[3] addresses pollution caused by urban waste water. Urban waste water that discharges excessive levels of nutrients, in particular phosphorous and nitrogen, into rivers and seas promotes excessive growth of algae and other forms of aquatic plants. This process, known as "eutrophication", in turn leads to a lowering of oxygen levels, threatening the survival of fish.
For the discharging of waste water into sensitive areas, the Directive requires Member States to meet stricter (“tertiary”) treatment requirements. This should have been done by December 1998.
In December 2004, the Commission accepted to co-finance the construction of a waste water collecting system and a tertiary treatment plant, which are expected to be operational by early 2009. The Greek authorities were supposed to have completed the call for tender procedure for these two projects by the end of 2005. This has not been the case and they are running far behind schedule. As a result, Greece has not received yet any EC funding, and the Commission decided to pursue the infringement procedure.
Wild Birds in the Messolongi lagoon
The Commission has also sent Greece a first written warning for failing to endow the Messolongi lagoon with a legal protection regime, in spite of a European Court of Justice ruling from 2005[4]. The lagoon was recognised on an international level under the Ramsar Convention for wetlands[5] and was designated as a special protection area (SPA) under the Wild Birds Directive[6]. SPAs are scientifically identified areas critical for the survival of the bird species targeted by the Directive. They form part of the EU-wide Natura 2000 network of protected nature sites and areas.
The Court condemned Greece for violation of the Wild Birds directive which requires the Member States to grant a legal protection regime to special protected areas. This regime should ensure both the survival and reproduction of the protected birds species listed in the directive, as well as the breeding, moulting and wintering of migratory species which are regular visitors to the Messolongi lagoon.
Greenhouse gas emission registries and bathing water: two other first written warnings
Greece has also received first warnings from the Commission in two other cases : concerning its failure to link up to the EU-wide electronic registry for trading of CO2 allowances under the EU emissions trading system[7] and for the removal without justification of bathing waters from the scope of the Bathing Water Directive[8].
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.
[1] Case C-119/02
[2] known as “tertiary” treatment, which removes nutrients such as nitrogen or phosphorus, and organic matter
[3] Directive 91/271/EEC
[4] Case C-166/04
[5] The Convention on Wetlands, signed in Ramsar, Iran, in 1971, is an intergovernmental treaty which provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources. There are presently 150 Contracting Parties to the Convention, with 1591 wetland sites, totaling 134 million hectares, designated for inclusion in the Ramsar List of Wetlands of International Importance.
[6] Directive 79/409/EEC on the protection of wild birds. It requires Member States to designate Special Protection Areas (SPAs) for 194 threatened species and all migratory bird species. The SPAs form part of the Natura 2000 EU-wide network of protected natural sites and areas.
[7] Under Regulation (EC) N° 2216/2004, which introduced an electronic registries system to monitor the issuing, holding, transfer and cancellation of allowances.
[8] Directive 76/160/EEC on the protection of bathing waters.
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