91996E1761

WRITTEN QUESTION E-1761/96 by Eva Kjer Hansen (ELDR) to the Commission (3 July 1996)

Subject: Commission's failure to apply Article 171(2) in regard to environmental matters

When will the Commission make use, for the first time, of the right to impose fines (pursuant to Article 171(2)) on Member States which the Court of Justice has found to be in breach of Community law but which have not complied with the Court's judgment?

When will the Commission impose fines on the following countries which have all been adjudged, pursuant to Article 171, as failing to implement Community law?

- The Netherlands, judgment of 17 September 1987 concerning protection of ground water,

- Belgium, judgment of 14 January 1988 concerning protection of ground water,

- Belgium, judgment of 4 June 1987 concerning biological control,

- Germany, judgment of 3 July 1990 concerning protection of wild birds,

- Belgium, judgment of 5 July 1990 concerning protection of drinking water,

- Germany, judgment of 30 June 1991 concerning air quality,

- Italy, judgment of 13 December 1990 concerning surplus zinc ore,

- Belgium, judgment of 13 June 1990 concerning destruction of waste,

- Luxembourg, judgment of 25 July 1991 concerning packaging of foodstuffs,

- Belgium, judgment of 11 June 1991 concerning drinking water,

- Italy, judgment of 13 December 1991 concerning toxic and hazardous waste,

- Spain, judgment of 10 December 1991 concerning packaging of foodstuffs,

- Greece, judgment of 7 April 1991 concerning toxic and hazardous waste,

- Belgium, judgment of 5 May 1993 concerning ground water,

- Germany, judgment of 10 May 1995 concerning toxic and hazardous waste,

- Germany, judgment of 11 August 1995 concerning environmental impact assessment,

- Belgium, judgment of 2 May 1996 concerning environmental impact assessment.

Answer given by Mrs Bjerregaard on behalf of the Commission (17 July 1996)

The Commission has not yet taken any decision on the application of Article 171 of the EC Treaty. However, a decision on a number of such cases is imminent and the Commission will keep the Honourable Member informed on the outcome.