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Environment 2023

2023 Annual Report on monitoring the application of EU law - Infringement cases by policy area

Infringement cases open at year-end 2019 - 2023

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By clicking on the multi-level chart, you can consult, for 2023, the number of infringement cases open at the year-end per policy sector and per type of infringement.

Compliance promotion activities in 2023

Guidelines on how to implement EU law

In 2023, the Commission issued the following guidelines in the field of water, waste and nature:

  • The Guidance document ‘Managed Aquifer Recharge’ which falls under the Water Framework Directive was finalised in 2023. The Guidance provides an outline on the definition of “related activities”, on the legal and regulatory framework as well as case studies from Member States. It also presents an authorisation structure and a risk assessment framework which can be applied. It contributes to the achievement of the environmental objectives outlined under the Water Framework Directive.
  • To support the effective implementation of the Directive on waste electrical and electronic equipment (Directive 2012/19/EU), the Commission issued a Recommendation on take-back schemes. It aims at providing Member States with a set of policy recommendations to improve the return of used and waste electronic equipment. The objective is to support the effective implementation of this Directive and, in particular, the separate collection and take-back obligations to be enforced by Member States.
  • The Commission issued guidelines for the reporting period 2019-2024 under the Nature Directives:

The guidelines harmonise the content of the reports issued by Member States and support them to fulfil their legal obligations.

Meetings with Member States

Air/Noise:

  • The Commission organised three meetings of the Ambient Air Quality Expert Group to support the implementation of the Ambient Air Quality Directives (Directives 2008/50/EC, 2004/107/EC, 2015/1480/EU), and of the National Emission reduction Commitments Directive (Directive 2016/2284/EU) by the Member States.
  • On 23 and 24 November 2023, the fourth EU Clean Air Forum took place in Rotterdam, bringing together decision-makers, stakeholders and experts to reflect on the development and implementation of effective European, national and local clean air policies, projects and programmes.
  • The Noise Expert Group met to discuss updates related to the Environmental Noise Directive (Directive 2002/49/EC), the EU’s zero pollution ambition and noise related policies, as well as action plans, data reporting and assessments, and noise mapping.
  • The Commission organised the annual meeting of group of the EIA/SEA Member States’ experts in order to exchange experiences and discuss current issues.

Water:

Nature:

Environmental liability:

  • The Commission organised a meeting with the Experts Group on Environmental Liability, providing advice and expertise to the Commission on coordination and cooperation with Member States and discussed the implementation of the Environmental Liability Directive (Directive 2004/35/CE), the fitness check on polluter pays principle and the state of play of evaluation of the Environmental Liability Directive.
  • The expert group on statistics on plastic packaging waste met and pre-assessed the methods for estimating plastic packaging waste generated and recycled. Informal online discussion groups to advance on methodological exchange were organised.

Waste:

  • The Commission contacted several Member States regarding possible breaches of the Waste Shipment Regulation (Regulation 1013/2006/EC), particularly relating to the export of waste from the EU to third countries. In some instances, this was done to support investigations by the Member States authorities or authorities from third countries, under the competence of the EU Anti-fraud Office (OLAF).

Industrial emissions:

Package meetings

Package meetings are meetings between the Commission and a Member State to discuss implementation issues and infringement cases in a given policy area. They can be held before the Commission has detected a breach of EU law or concern existing EU Pilot or infringement cases of the Member State. Package meetings can be an efficient tool to deal with challenges a Member State may face in a policy area, across different acts of EU legislation. In 2023, the Commission held the following package meetings with Member States to discuss ongoing investigations and infringement cases concerning the transposition and implementation of EU law in the area of environment:

Meetings with national authorities focusing on the whole portfolio of cases in the respective Member State:

  • Bulgaria: 5 and 6 October 2023;
  • Ireland: 26 and 27 April 2023;
  • Spain: 15 and 16 June 2023;
  • France: 19 October 2023;
  • Italy: 13 and 14 July 2023;
  • Lithuania: 27 April 2023;
  • Latvia: 27 September 2023;
  • Hungary: 15 February 2023;
  • Malta: 4 and 5 July 2023;
  • Austria: 27 March 2023;
  • Portugal: 27 March 2023;
  • Romania: 23 May 2023;
  • Sweden: 25 September 2023.

Meetings with national authorities focusing on specific infringement cases:

  • Estonia: 1 and 14 June 2023;
  • Ireland: 28 November 2023;
  • Cyprus: 14 October 2023;
  • Romania: 24 May 2023;
  • Slovakia: 22 June, 23 November and 19 December 2023.

Other compliance promotion tools     

  • In the area of environmental noise, the Commission published the Report on the implementation of the Environmental Noise Directive (Directive 2002/49/EC).
  • In the area of air quality, the Commission adopted a Delegated Directive (EU) 2024/299 on the methodology for the reporting of projected emissions of certain atmospheric pollutants to amend two annexes of the National Emission reduction Commitments Directive (Directive 2016/2284/EU).
  • In the area of water protection, the Commission published the report analysis of the ecological disaster in the Oder River of 2022 including concise factsheets in 24 EU languages.
  • In the area of nature, the Commission continued supporting the work of EU Platform on Coexistence between people and large carnivores, as well as of the regional platforms in six Member States. These platforms bring together a range of stakeholders to effectively address conflicts related to large carnivore conservation and management.
  • In the area of nature, the Commission continued supporting Member States in their efforts to recover birds species in non-secure status, with a focus on huntable species. This requires expert support to assess and promote the sustainability of hunting for emblematic species such as the Turtle Dove, as well as to identify key measures nonrelated to hunting for achieving the recovery of birds.
  • The Commission also supported Member States in their efforts towards the EU Biodiversity Strategy for 2030 targets on protected areas and improvement of the conservation status of habitats and species under the Nature Directives (Directives 92/43/EC and 2009/147/EC).
  • In the area of waste, the Commission published the Early Warning Report. This compliance promotion tool assesses the likelihood of Member States achieving the objectives specified in the Waste Framework Directive (Directive 2008/98/EC) and in the Packaging and Packaging Waste Directive (Directive 1994/62/EC). The report is based on a set of comprehensive evaluations by the European Environment Agency (EEA) in collaboration with the Member States and EUROSTAT. Included in the Report package are also 18 Staff Working Documents with country-specific recommendations for Member States at risk of missing the 2025 waste management targets as well as 27 factsheets on the waste management state of play in all Member States.
  • Also in the area of waste, to assess the methods used to estimate base data for plastic own resource on non-recycled plastic packaging waste, the Commission conducted official inspection visits to three Member States (Lithuania, Malta and Poland).
  • As part of its work to ensure the proper implementation of Regulation on ship recycling (Regulation 1257/2013/EU), the Commission carried out several inspections of ship recycling yards located outside the EU. These inspections allowed the Commission to update the EU list of ship recycling facilities in 2023. For the first time, the Commission carried out unannounced inspections in some of these yards.
  • In the area of industrial emissions, the Commission adopted the Implementing Decision 2023/2749/EU establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU on industrial emissions for slaughterhouses, animal by-products and/or edible co-products industries.
  • Also in the area of industrial emissions, the Commission set up the Online platform for sharing information on the implementation of the Directive on industrial emissions (Directive 2010/75/EU) to provide a space for Member States and responsible authorities representatives to discuss, share knowledge and experience and access resources related to the implementation of the Directive on industrial emissions.
  • In the area of strategic impact assessment, the Commission launched a Study supporting the preparation of the report on the application and effectiveness of the Directive on the assessment of the effects of certain plans and programmes on the environment (2001/42/EC).

Follow-up given to petitions

In 2023, the Commission handled 15 petitions related to alleged breaches of EU environmental law in the areas of access to environmental information, air, industrial emissions, impact, nature, waste and water. Most petitions concerned the areas of impact, nature and water.

The Commission assessed and decided not to pursue investigations concerning the following petitions alleging a breach of EU law, for the reasons indicated below:

  • No breach of EU legislation identified (Petition 0759/2022 on waste, Petitions 0908/2022, 0915/2022, 0030/2023 and 0160/2023 on impact assessment, Petition 0285/2023 on air, Petition 0478/2023 on water and Petitions 0613/2023 and 0093/2023 on nature protection).
  • Individual cases of bad application (Petition 0757/2022 on water and Petitions 1173/2022 and 0284/2023 on nature protection). These petitions raised individual instances of bad application of EU law which, as a rule, are not pursued by the Commission, in line with the strategic approach to the enforcement, defined in the communication “Better results through better application” and confirmed by the Communication Enforcing EU law for a Europe that delivers of 13 October 2022. These petitions provided insufficient indications of a general practice or systemic failure of compliance with EU law and therefore did not lead to specific investigations by the Commission. Such cases are best dealt with by redress mechanisms at national level, closer to the citizen.
  • Breach of EU legislation identified but no follow-up (Petition 0277/2023). This petition concerned the creation of a landfill and was identical to previously closed petitions 0742/2007 and 2595/2013 (duplicity).
  • Breach of EU legislation identified (Petition 1142/2022 on air) but no follow-up as the issue described in the petition is already tackled in systemic infringement cases.

The Commission has pursued investigations on issues raised in the following petition:

  • In case of Petition 0713/2022, a breach of EU waste legislation was identified. Further investigation is ongoing within an EU Pilot case in which the object of the petition was included (the EU Pilot pre-dates the petition).

Court of Justice rulings against Member States

  • Commission v Bulgaria (Double manquement - Pollution par les PM10), C‑174/21;
  • Commission v Germany (Protection des zones spéciales de conservation), C‑116/22;
  • Commission v Greece (Valeurs limites - PM10), C‑70/21;
  • Commission v Greece (Valeurs limites - ΝΟ2), C‑633/21;
  • Commission v Ireland (Protection des zones spéciales de conservation), C‑444/21;
  • Commission v Italy (Fluorures), C‑197/22;
  • Commission v Hungary (Collecte des eaux urbaines résiduaires), C‑587/22;
  • Commission v Poland (Bonne pratique forestière), C‑432/21;
  • Commission v Poland (Bruit dans l’environnement), C‑602/21;
  • Commission v Portugal (Valeurs limites - NO2), C‑220/22;
  • Commission v Romania (Désaffectation de décharges), C‑109/22;
  • Commission v Slovakia (Valeurs limites - PM10), C‑342/21;
  • Commission v Slovenia (Traitement des eaux urbaines résiduaires), C‑328/22.

Important preliminary rulings

Outlook for 2024

In 2024, the Commission will continue important enforcement work in the area of environment, focusing on the timely and correct transposition of legislation. The Commission will prioritise the most serious cases in terms of pollution levels and health impact, where Member States have shown persistent failure to act.

In the area of air quality and environmental noise, the Commission plans to:

  • focus on air quality standards for key pollutants that continue to see persistent exceedances, as well as monitor air quality;
  • ensure compliance with the National Emission reduction Commitments Directive (Directive 2016/2284/EU);
  • address the still missing noise maps and/or action plans;
  • organise strategic workshops on environmental noise, national emission reduction commitments and air quality.

In the area of environmental impact assessment (EIA), the Commission plans to:

  • ensure that the amended EIA Directive (Directive 2011/92/EU) is correctly transposed;
  • continue to follow closely the notifications submitted by Member States concerning exemptions of projects from the assessment procedure under Article 2(4) of the EIA Directive. In 2023, 3 Member States submitted notifications for exemptions of 30 projects in total (Spain - 16, Germany – 13, Ireland – 1) compared to 6 notifications in 2022 from 2 Member States (Germany for 4 projects and Italy for 2 projects) and 1 notification in 2021 from Sweden. The notifications received in 2023 concerned installations for liquefied natural gas and related infrastructure, temporary emergency electricity generation at thermal power plants, waste management projects as well as projects for improving the efficiency and sustainability of irrigation works and re-use of wastewater.
  • produce a report on the application and effectiveness of the Strategic Environmental Assessment (SEA) Directive (Directive 2001/42/EC) (as required every seven years);
  • consider the state of implementation of the SEA Directive whether there are specific implementation gaps which need to be followed up.

In the area of water, the Commission plans to:

  • focus on the lack of compliance with key obligations of the Water Framework Directive (Directive 2000/60/EC), on the sufficient collection and treatment of urban wastewater according to the Urban Waste-Water Treatment Directive (Directive 91/271/EC) and on the main obligations under the Nitrates Directive (Directive 91/676/EC), especially designation of nitrate vulnerable zones and adoption of appropriate Nitrates Action Plans;
  • address incomplete and non-conform transposition of the revised Drinking Water Directive (Directive 2020/2184/EU);
  • focus on resolving non-conformity cases related to the Water Framework Directive.

In the area of nature, the Commission plans to:

  • promote compliance with legislation with tools such as dedicated meetings (so-called ‘Nature dialogues’) with Member States, combined with enforcement action that will focus on completing the Natura 2000 network (especially the marine sites) and establishing conservation objectives and measures for the protected areas;
  • consider enforcement action to protect and conserve species and habitats in decline, including those in forest areas and in the marine environment, as well as on implementing key obligations resulting from Regulation on Invasive Alien Species (Regulation 1143/2014/EU) and Timber Regulation (Regulation 995/2010/EU);
  • focus on correct and complete transposition, as well as species protection, in particular regarding by-catch of protected species by fisheries;
  • finalise guidance documents (e.g. on Natura 2000 and climate change, on Natura 2000 and tourism, on Natura 2000 and fishing activities).

In the area of waste, the Commission plans to:

  • continue enforcement actions to ensure that illegal landfills are closed and rehabilitated;
  • initiate enforcement actions against Member States which failed to meet the recycling and collection targets under the Waste Framework Directive (Directive 2008/98/EC), Packaging and Packaging Waste Directive (Directive 1994/62/EC), and Waste Electrical and Electronic Equipment Directive (Directive 2012/19/EU);
  • ensure that the Single-Use Plastics Directive (Directive 2019/904/EU) is completely and correctly transposed;
  • initiate enforcement actions to ensure that the Directive 2018/850/EU amending the Landfill Directive (Directive 1999/31/EC) is transposed in a conform way;
  • address and handle cases related to the implementation by EU Member States of certain provisions of the Landfill Directive following the ruling Malagrotta of the Court of Justice of the European Union (case C-323/13);
  • assess whether the implementation plan submitted is in line with the Waste Framework Directive and/or with the Packaging and Packaging Waste Directive;
  • adopt the delegated and implementing acts required by the newly adopted Batteries Regulation (Regulation 2023/1542/EU).

In the area of industrial emissions, the Commission plans to:

  • ensure the correct transposition of the Directives related to the operation of industrial installations, as well as tackle breaches by individual installations with a serious environmental or health impact;
  • actively support Member States in correctly transposing the revised industrial emissions Directive and the new industrial emission portal Regulation through various tools such as a transposition check list, a strategic Technical Assistance and Information Exchange (TAIEX) workshop and possible additional in-depth support and prepare the implementation of this legislative package;
  • initiate a project on exchange of good practices on permitting, including the permitting of new activities, streamlining and e-permitting;
  • prepare an Implementing Decision on reporting under the Directive on the limitation of emissions of certain pollutants into the air from medium combustion plants (Directive 2015/2193/EU);
  • develop a guidance on the Best Available Techniques for abating mercury emissions from crematoria under the revised Mercury Regulation, expected to be adopted in Spring 2024;
  • prepare a Commission Implementing Decision setting out the four-year reporting format for communicating information from Member States Under the Seveso-III Directive (Directive 2012/18/EU);
  • prepare a Commission proposal for a draft decision on the inclusion of Chapter II, Chapter IV and Annex VI of the industrial emissions Directive (IED) in the Energy Community Treaty in relation to the revised IED and the above-mentioned Treaty.

In the area of governance, the Commission plans to: