Answer given by Mr Sinkevičius on behalf of the European Commission
25.1.2022
1. The Commission cannot start infringement action before the deadline for compliance has elapsed[1].
Under the Water Framework Directive (WFD)[2], Member States must achieve good water status by 2015, extended to 2027 if justified. To this end, they adopt and implement six-year River Basin Management Plans (RBMPs)[3]. The Commission addressed all Member States on its assessment of the second RBMPs and on compliance and control mechanisms for WFD obligations.
The Commission will assess the third RBMPs, due by March 2022, and then decide on further action as appropriate.
2. The National Emission reduction Commitments (NEC) Directive[4] established national emission ceilings to be reached by 2010 and not to be exceeded in any year after. Member States submitted emission data for 2010 in 2012, and the Commission followed up where justified, including by sending EU Pilots. In 2016, a new NEC Directive entered into force. The transition between the directives led in certain cases, such as Spain and Germany, to non-compliance with the old Directive but compliance with the new one. This had to be taken into account for enforcement.
3. The Commission took early action on failure to submit National Air Pollution Control Programmes[5]. It will give particular attention to the submission of emission inventories in 2022 when compliance with 2020 national reduction commitments will be checked for the first time[6]. It will follow up with legal action if warranted.
- [1] Commission v Spain, ECLI:EU:C:2019:1051, paragraph 24 .
- [2] Commission Directive 2014/101/EU of 30 October 2014 amending Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy Text with EEA relevance, OJ L 311, 31.10.2014, p. 32‐35.
- [3] https://ec.europa.eu/environment/water/water-framework/impl_reports.htm
- [4] Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC, OJ L 344, 17.12.2016, p. 1‐31.
- [5] All of these cases bar one have now been closed; one case was brought to Court: https://ec.europa.eu/commission/presscorner/detail/en/IP_21_6264 .
- [6] Emission inventories for the year 2020 are submitted in 2022.