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This news article was originally written in Spanish. It has been automatically translated for your convenience. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace a human translator. The original article in Spanish can be viewed at España, a la cola en el cumplimiento de normativa medioambiental
According to the 5th annual study of the European Commission on the implementation of the legislation in environment

Spain, to the queue in compliance with environmental legislation

María Escribano01/10/2004
The European Commission has just published its annual report on the implementation of Community legislation on the environment. He concludes that there are "serious shortcomings in the implementation of Community law", which violates the right to the protection of the environment enjoyed by European citizens. Spain is one of the countries with poorer outcomes.
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The 5th annual survey this field reflects that the Member States have delays in the transposition of the directives: at the end of 2003, the Commission detected 88 cases in which the directives concerning environment not had been transposed in time. In 118 cases, the directives had not been properly transposed and in 95 cases, Member States had not complied with the "secondary" obligations imposed by the directives; for example, not respecting the deadlines for the submission of certain plans, the provision of data or the designation of protected areas.

The degree of conformity with the legislation varies from one Member State to another; France, Greece, Ireland and Spain have the worst results. By sectors, water, waste, nature protection and the assessments of impacts on the environment is where records highest number of shortcomings.

Spain is the fifth country in the European Union (EU) only surpassed by France, Italy, Ireland and Greece with worst results in the implementation of Community environmental legislation. During the year 2003, the EU Executive noted in Spain 25 cases of deficiencies in the EU environmental directives: 7 cases of delays in the adaptation of mandatory deadlines, 10 cases of maladaptation, and 8 cases of incorrect application.

The largest number of shortcomings occurred in the sector of environmental pollution (8), the water quality (5), in the assessment of environmental impact of infrastructure (4), and in the field of chemicals and biotechnology (3).

In last position is France, with 38 cases of poor implementation; Italy has 33 cases; Greece, Ireland, 29 and 26. The classification is the leading Denmark, who only recorded 7 cases of deficiencies, followed by Sweden with 8.

The Commission notes in total more than 300 delays or irregular adaptation of the directives on environmental protection in the European Union between the 15 old Member States. On the 10 enlargement countries there is no data because the study covers the period between 1 January and 31 December 2003, prior to accession.

Brussels stresses that in addition to denounce the worst cases before the Court of Luxembourg, it has also put in place a more active approach providing technical assistance to national authorities so that they correctly apply European directives.

"During my mandate, I was surprised the large number of complaints which we have broadcast citizens, NGOs and members of Parliament on the violation of Community environmental law." "This study shows that the concerns are justified," said the Commissioner Margot Wallström.

"I hope that the conclusions of the research inciting States members to be corrected and to guarantee their citizens the level of protection of the environment they claim," he said.

During 2003, the EU Executive noted in Spain 25 cases of deficiencies in the environmental directives
Opening proceedings for infringement by sectors
Opening proceedings for infringement by sectors
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The classification is the leading Denmark, who only recorded 7 cases of deficiencies, followed by Sweden with 8

The study

The fifth annual survey on the implementation and monitoring of the implementation of Community environmental law covers the period until 31 December 2003. Their conclusions are summarized in the attached tables.

As in previous years, the area of the environment has represented, in 2003, more than a third of the total number of complaints and infringements to Community law.

The number of processes of infringement in violation of Community environmental law course reaches the 509 and the number of new complaints 505, throughout the period.

The solutions

There is no doubt that the implementation of Community law should be improved. This is even more necessary in an enlarged European Union, hence the importance of ensuring that the new Member States transpose and correctly applied the community experience on environmental issues within the agreed deadlines.

Bring infringement cases before the European Court of Justice is not the best or most effective solution; to obtain a sunset in accordance, must maintain the necessary time instance.

In this regard, the Commission's Directorate-General for environment has taken a more active approach in the preparation and implementation of environmental legislation, particularly to maintain regular contacts with the officials responsible for its implementation at the national level and offering a "technical assistance" in this field. In the meantime, the Commission is limited to assume a role of assistance.

See the 5th annual report on the implementation of Community legislation in the field of environment in http://europa.eu.int/comm/environment/law/as03.htm

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