EC Says Spain Risking Fines Over Wastewater Treatment Failures
October 12 , 2009 // Published as a news service by IHS
The European Commission (EC) announced on Oct. 8 it is sending Spain a final written warning for failing to implement a 2007 European Court of Justice (ECJ) ruling on wastewater treatment in the area of Playa de la Motilla in the Valencia region.
Should Spain fail to take the necessary steps to remedy the situation, the EC may again bring it before the ECJ and request that fines be imposed on Spain.
The 2007 ECJ ruling stated that Spain failed in its obligation to appropriately treat the wastewater from the cities of Sueca, Benifaió, Sollana, Almussafes and other coastal towns discharged into a sensitive area, the Frente coastline of the Albufera Nature Park, which is located close to Motilla Beach.
According to information received by the EC from Spain, there are serious delays and gaps in the measures necessary to carry out the appropriate collection and treatment of wastewater in this area, in direct violation of the ECJ ruling.
EC Environment Commissioner Stavros Dimas said, "Untreated urban waste water is a threat to European citizens and detrimental to the quality of Europe's rivers, lakes and coastal waters. I urge Spain to clean up its act swiftly. Should it not, the EC will consider asking the Court to impose fines."
Background
Under Directive 91/271/EEC, the 1991 wastewater directive, urban areas across the European Union (EU) with more than 10,000 inhabitants are required to have adequate wastewater collection and treatment systems.
Untreated wastewater can be contaminated with harmful bacteria and viruses, thus presenting a risk to public health. Untreated wastewater also contains nutrients, such as nitrogen and phosphorous, which can damage freshwaters and the marine environment by promoting excessive growth of algae that chokes off other life, a process known as eutrophication.
The main type of wastewater treatment envisaged by Directive 91/271/EEC is biological or "secondary" treatment. The deadline for this wastewater infrastructure to be operational was Dec. 31, 2000. If wastewater is discharged into "sensitive" water bodies, the directive requires stricter "tertiary" treatment, involving removal of phosphorous and/or nitrogen. This should have been in place by Dec. 31, 1998.
Legal Procedure
Article 226 of the treaty by which the EU was formed gives the EC powers to take legal action against a member state that is not respecting its obligations.
If the EC considers that there may be a violation 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 EC 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 EC may decide to bring the case before the European Court of Justice. If that court 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 EC power to act against a member state that does not comply with a previous judgment of the Court of Justice of the European Communities. The article also allows the EC to ask the court to impose a financial penalty on the member state concerned.
Source: European Commission (EC).