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AUGUST
2009
European Commission sends Italy
final warning over illegal waste
landfills
The European Commission (EU)
is pursuing legal action against
Italy over breaches of EU environmental
law on waste and waste water
treatment. In the first case,
Italy has been sent a final
written warning that it could
face fines unless it moves rapidly
to close and clean up thousands
of illegal and uncontrolled
waste disposal sites across
the country. Italy was condemned
by the European Court of Justice
(ECJ) in 2007 over the sites
but has yet to take adequate
measures to comply with the
ruling. The second case relates
to a failure to comply with
obligations for the treatment
of waste water. Some 500 towns
and cities are listed as not
having waste water treatment
up to EU standards.
Environment Commissioner Stavros
Dimas said, “Uncontrolled disposal
of waste and untreated urban
waste water present serious
hazards, which is one of the
reasons rules have been adopted
by the EU to ensure the highest
levels of protection for citizens
and the environment. I urge
the Italian authorities to take
swift action to remedy the situation
and fully implement EU environmental
law.”
In April 2007 Italy was condemned
by the ECJ for a general and
persistent failure to comply
with its obligations under EU
waste laws 1 due to the existence
of thousands of illegal and
uncontrolled waste tips.
The Commission sent Italy a
first warning letter under Article
228 in February 2008. Article
228 applies when a Member State
has failed to comply fully with
an ECJ judgement. It gives the
Commission the power, after
issuing two warnings, to take
the Member State to the Court
a second time and to ask for
fines to be imposed.
The information sent by the
Italian authorities in response
to the first warning letter
indicates that the problem persists
on a large scale and affects
almost the whole national territory.
While the Italian authorities
have taken certain measures,
such as screening some of the
sites, the Commission concludes
that, two years after the judgment
of the Court, these are not
sufficient to address the situation
and resolve the systemic problem
in the long term.
The Commission is sending a
final written warning to Italy
under Article 228.
This case is part of a wider
approach to tackle systemic
problems of illegal and uncontrolled
waste disposal in Member States.
The Commission is sending a
first written warning to Italy
for failing to comply with EU
legislation designed to protect
human health and the environment
against pollution from waste
water. According to the 1991
Urban Waste Water Treatment
Directive 2, towns and cities
of more than 10,000 inhabitants
that discharge water into environmentally
sensitive areas should have
been equipped with a collection
and treatment system meeting
the most stringent quality standards
(known as tertiary treatment)
by the end of 1998.
Following an evaluation of information
provided by Italy, the Commission
considers that over 500 towns
and cities do not comply with
the directive. Italy has two
months to respond. The Commission
will then decide whether to
issue a final written warning.
Article 226 of the Treaty gives
the Commission powers to take
legal action against a Member
State that is not respecting
its obligations.
If the Commission considers
that there may be an infringement
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 within a specified
period, usually two months.
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