EC Sends Final Warning to Italy

Environment Commissioner Stavros Dimas said: "Untreated urban waste is a danger to the health of European citizens and the environment. It is unacceptable that some eight years after the deadline, Italy is still failing to comply with this important legislation. We need to ensure that the level of treatment of urban waste water can be guaranteed throughout the European Union. I urge Italy to take immediate action to remedy this situation."

Final warning

The European Commission is sending a second and final warning to Italy for failing to comply with the 1991 directive on urban waste water treatment. According to the directive, Italy had to put systems in place for adequately collecting and treating water in urban areas representing more than 15,000 inhabitants before 31 December 2000.

A first warning letter was sent to Italy on 9 July 2004 after information showed that a considerable number of towns and cities did not conform to the directive.

After a subsequent evaluation, the Commission considers that 299 agglomerations are still not compliant and has sent Italy a second and final warning. Italy has two months to respond. The Commission will then decide whether to take the case to the European Court of Justice.

The Urban Wastewater Treatment Directive

Larger towns and cities across the European Union are required to collect and treat their urban waste water under the EU Urban Wastewater Treatment Directive. Untreated waste water can be contaminated with harmful bacteria and viruses and thus presents a risk to public health. It also contains nutrients such as nitrogen and phosphorous which can damage freshwaters and the marine environment by promoting excessive growth of algae that chokes other life, a process known as eutrophication.

The main type of waste water treatment envisaged by the directive is biological or 'secondary' treatment. The deadline for this infrastructure to be operational was 31 December 2000.

Legal process

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 within two months.

In the light of the reply or absence of a reply from the Member State concerned, the Commission may decide to address a "Reasoned Opinion" (second and final written warning) to the Member State. This clearly and definitively sets out the reasons why it considers there to have been an infringement of EU law and calls upon the Member State to comply within a specified period, normally two months.

If the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the European Court of Justice. Where the Court of Justice finds that the Treaty has been infringed, the offending Member State is required to take the measures necessary to conform.

Article 228 of the Treaty gives the Commission power to act against a Member State that does not comply with a previous judgement of the European Court of Justice. The article also allows the Commission to ask the Court to impose a financial penalty on the Member State concerned.

Rulings by the European Court of Justice.