WRITTEN QUESTION P-1760/01

by Antonios Trakatellis (PPE-DE) to the Commission

(12 June 2001)

Subject: Environmental legislation: implementation of Court of Justice judgment in case C-387/97 and payment of a financial penalty by the Greek authorities

In its judgment of 4 July 2000 (C-387/97), the Court of Justice ordered the Hellenic Republic to pay a daily penalty of 20 000 euro for each day of delay in implementing the measures necessary to comply with its judgment of 7 April 1992 (C-45/91 Commission v Greece) owing to its failure to take the necessary measures to dispose of solid waste in the area of Chania without endangering human health and without harming the environment, and for its failure to implement all the measures necessary to execute the judgment.

According to the Commission, 4 780 000 euro of the total penalty of 5 400 000 billion euro was paid between the date of publication of the judgment (4 July 2000) and 20 May 2001, and although the fine continues to be paid into the Union's own resources, the Greek authorities claim that they have taken all the measures necessary to comply with the judgment.

What practical measures have the Greek authorities taken to dispose of solid waste in the area of Chania without endangering human health and without harming the environment in accordance with Article 4 of Directive 75/442/EEC(1) on waste, given their failure to draw up waste disposal plans for that area in accordance with Article 6 of Directive 75/442/EEC, and programmes for the disposal of toxic and dangerous waste in accordance with Article 12 of Council Directive 78/319/EEC(2) on toxic and dangerous waste?

How will the Commission establish whether the Greek authorities have ceased to be in breach of and complied with the Court's judgment in case C-387/97? Will it require the environmental damage to be made good and, if so, to what extent can that be accomplished in the area in question?

What measures will the Commission take to ensure, in similar circumstances in the future, that when the Court of Justice imposes a financial penalty on a Member State, procedures are in place to monitor and evaluate the measures taken to comply with the Court's judgments?

(1) OJ L 194, 25.7.1975, p. 39.

(2) OJ L 84, 31.3.1978, p. 43.

Answer given by Mrs Wallström on behalf of the Commission

(18 September 2001)

Following the judgment of the Court of Justice of 4 July 2000 (Case C-387/97), imposing a penalty of 20 000 per day for failure to implement measures in execution of the judgment of 7 April 1992, Greece has paid 5 400 000 to cover the period from 4 July 2000 to the end of March 2001.

The Greek authorities have notified the adoption of regional plans for the management of solid waste and dangerous waste in the Chania region, the closure of the illegal Kouroupitos rubbish tip and the start-up of a temporary waste treatment and storage plant at Mesomouri pending the entry into service of permanent recycling and disposal installations.

An expert report has confirmed that the measures notified by the Greek authorities have actually been implemented by them, and on the basis of that report the Commission recently decided to terminate this infringement procedure. The Commission will also be examining the question of restoration of the site. The Commission is reserving the option of bringing a new infringement procedure if it considers that the present state of the site constitutes an infringement of Community waste legislation.

The Commission would remind the Honourable Member that the case in question is the first judgment of the Court of Justice on the basis of Article 228 (ex Article 171) of the EC Treaty imposing a penalty on a Member State. The experience gathered in dealing with this case will be taken into account in handling future cases.