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Pollution Prevention and Control: Commission decides to pursue infringement procedures against United Kingdom, Greece, Spain, Finland, Luxembourg, Germany and Belgium The European Commission has decided to refer the United Kingdom, Greece,
Spain and Finland to the European Court of Justice for not implementing
Directive on Integrated Pollution Prevention and Control (IPPC). It has
also decided to request Luxembourg, Germany and Belgium to notify measures
to implement the IPPC Directive within two months. Should the Member
States concerned not respond to the requests, which takes the form of a
Reasoned Opinion (second stage of infringement procedures under Article
226 of the EC Treaty), the Commission may decide to refer these Member
States to the Court.
Commenting on the decisions Environment Commissioner Margot Wallström
said: "The IPPC Directive is a significant advance in environmental
regulation of polluting industrial activities. I urge Member States who
are late with their national laws to make every effort to complete the
necessary legislative work as soon as possible."
The IPPC Directive (Council Directive 96/61/EC concerning integrated
pollution prevention and control) is one of the Community's major pieces
of recent environmental legislation. The Directive applies to a
significant number of potentially polluting industrial activities,
covering, for example, energy industries, production and processing of
metals, mineral and chemical industries, waste management facilities and
certain agri-food facilities. It seeks to prevent or reduce pollution of
the air, water and land through a comprehensive permitting system that
looks at all of these environmental media together. In addition, it covers
the generation of waste, and the use of energy in these industries. This
approach stands in contrast to the approach of older environmental
legislation that attempted to regulate single environmental media in
isolation.
The deadline for adopting and sending to the Commission the necessary
national legislation to give effect to the Directive was 30 October 1999.
The United Kingdom has sent adopted legislation for England, Wales and
Scotland and a draft text for Gibraltar, but the Commission is still
waiting to receive adopted measures for Northern Ireland and Gibraltar.
Finland has sent measures for the Finnish mainland but not for the
province of Åland. The Commission has received no measures from Greece.
The measures notified by Luxembourg comprise partial transposing measures
as well as draft legislation not yet adopted. Germany and Spain too have
sent draft measures but their adoption is not foreseen before later in
2001. In the case of Belgium, adopted measures are missing for Wallonia.
The decisions in these cases are an example of the Commission's standard
practice of pursuing concerted legal action where Member States have
failed to implement a Directive before the deadline agreed by the Council
of Ministers.
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