The European Commission said Wednesday it is urging the Czech Republic and Austria to ensure EU environmental legislation is implemented at national level or face being taken to the European Court of Justice (ECJ) — with the possibility of fines — over cases concerning flood prevention legislation.
“Both [of these EU Member States] have failed to inform the Commission of the transposition of the legislation despite earlier infringement proceedings,” the EU executive arm said. “On the recommendation of EU Environment Commissioner Janez Potočnik, the Commission is therefore sending a second reasoned opinion.”
The Floods Directive aims to reduce and manage the risks that floods pose to human health, the environment, cultural heritage and economic activity. The Directive requires Member States to carry out a preliminary assessment by 2011 to identify the river basins and associated coastal areas at risk of flooding. Flood risk maps are then to be drawn up for such zones by 2013, with flood risk management plans following two year later, by 2015. The risk maps focus on prevention, protection and preparedness.The Floods Directive aims to reduce and manage the risks that floods pose to human health, the environment, cultural heritage and economic activity.
“In case Austria and the Czech Republic do not comply with their legal obligation, the Commission may refer these Member States to the Court of Justice and may already ask the Court to impose financial sanctions at this stage, without having to return to the Court for a second ruling,” the statement said.
The Commission is urging Austria and the Czech Republic to fully implement EU Directive 2007/60/EC on the assessment and management of flood risks. EU Member States were obliged to implement the Directive in their national law by Nov. 26, 2009 at the latest and inform the Commission.
As the Commission was not notified of the relevant measures by Austria and the Czech Republic, it issued letters of formal notice to them both last year. A first reasoned opinion was sent to the Czech Republic on September 30, 2010, and to Austria on October 1, 2010, (see IP/10/1264) since the implementation measures had still not been notified.
