Infringement Observatory Update
On 30 october 2020, the European Commission has opened three new infringement cases against Italy, Croatia, Austria and issued a reasoned opinion against Cyprus. Once again the environmental sector constituted the largest proportion of infringement actions pursued by the Commission agaist several member states.
According to the Treaties (Treaty on European Union, Treaty on Functioning of the European Union), Member States are obliged to comply with EU legislation adopted by the legislator (European Parliament and Council), and the Commission has the right and obligation to scrutinise such compliance and where appropriate take legal action.
This time the relevant EU legislation is the Directive 2008/50/EC on ambient air quality and cleaner air which sets out measures for the assessment of ambient air quality in Member States as well as for obtaining information on ambient air quality in order to help combat air pollution and nuisance.
In its letter of formal notice to Croatia and Italy, the Commission expressed the view that the measures taken to lower air pollution are not sufficient to keep exceedance periods as short as possible and this is particularly dangerous to human health.
As regards environmental governance, the Commission addresses its concerns to Austria regarding the transposition of the Environmental Impact Assessment Directive (Directive 2014/52/EU) into the national system. The Directive requires an assessment of the likely significant effects of certain projects on the environment before a development consent can be granted. As the Commission is not satisfied with the Austrian's response, a letter of formal notice has been sent in order to solve the issue.
In both the abovementioned infringement proceedings, Member States have two months to address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to send a reasoned opinion.
This is the case for Cyprus and the national transposition of Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora and Directive 2009/147/EC on the protection of wild birds. According to the Commission, Cyprus has not provided an exhaustive list of proposed Sites of Community Importance (SCI) and failed to provide all of the necessary information on each site. If Cyprus does not comply with the opinion within the period laid down by the Commission (two months), the latter may bring the matter before the European Court of Justice.
Explore the Infringement Observatory to learn more about current infringement proceedings in the member states.