EC takes France to court for industrial pollution and threatens Italy

In a separate move the EU’s environment commissioner, Janez Potočnik, has urged Italy to comply with EU environmental legislation in the rehabilitation of a chemicals site in the Liguria region. It has given Italy two months to satisfy the authorities or the case may also be taken to the ECJ. The EC is taking France to the ECJ, on the recommendation of Mr Potočnik, for failing to adhere to EU industrial emissions legislation. Four years after the deadline, France is still failing to ensure that a number of industrial installations meet the requirements of the Integrated Pollution Prevention and Control (IPPC) Directive. Under European law, industrial and agricultural activities with a high pollution potential must be licensed. By 30 October 2007 member states were to issue new permits or revise existing permits for all such industrial installations that were in operation before 30 October 1999. hideArmed with the latest information available the EC says that at least 62 industrial installations in France are still operating without a permit in full compliance with the requirements of the IPPC directive. The commission is not satisfied with the pace of the revision process, and has therefore decided to refer the case to the European Court of Justice. The European Commission is at the same time asking Italy to comply with EU rules to ensure that a rehabilitation project on a former chemicals site in the Liguria region does not pose risks to health or the environment. So far Italy has failed to satisfactorily address the issue, the EC has said. The commission is therefore sending a reasoned opinion, to which Italy has two months to reply. In the absence of a satisfactory response, the commission may refer the case to the European Court of Justice, it has warned. The case concerns the rehabilitation of a former industrial area in Cengio that included a landfill of contaminated soil and hazardous waste. Under the Environmental Impact Assessment Directive, projects likely to have significant effects on the environment by virtue of their nature, size or location, must undergo an assessment of their environmental effects before consent is given for development. An environmental impact assessment is mandatory for waste disposal installations for the landfill of hazardous waste. However, the Italian authorities approved the rehabilitation project without undergoing such an assessment. As this site is not recognised as a landfill or as a rehabilitated landfill, this may also mean that the strict requirements of the Landfill Directive, for the protection of environment and human health, have not been followed. Landfills containing hazardous waste can be extremely harmful for the environment and public health, as poisonous chemicals can leach into local groundwater. They therefore need to be carefully built, managed and monitored before and after closure, in compliance with the Landfill Directive. The commission sent Italy a letter of formal notice on 9 October 2009 highlighting the need to ensure that this category of potentially harmful projects is authorised, executed and monitored after completion in full compliance with both the Environmental Impact Assessment and the Landfill Directives. As Italy has failed to satisfy the commission that the necessary requirements to protect human health and the environment have been fulfilled, a reasoned opinion is being sent, the EC said.

EC takes France to court for industrial pollution and threatens Italy

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