HAVET & VANHUFFEL – Association d’avocats
This is an action for failure to fulfil obligations brought by the Commission against the Hellenic Republic.
On 15 February 2023, the Commission sent the Hellenic Republic a letter of formal notice stating that, by failing, by 22 December 2021, to review and update, for the second time, the management plans for its fourteen river basin districts, five of which are international, and by failing, by 22 March 2022, to provide copies of those revised and updated plans, that Member State had failed to fulfil its obligations under Articles 13(7) and 15(1) of Directive 2000/60.
On 22 March 2023, the Hellenic Republic requested an extension until 16 May 2023 of the two-month period granted by the Commission to respond to the letter of formal notice. The Commission granted this request.
On 11 May 2023, the Greek authorities informed the Commission that the final river basin management plans would be submitted in August 2024.
On 16 November 2023, the Commission sent a reasoned opinion to Greece, stating that it had failed to fulfil its obligations under Articles 13(7) and 15(1) of Directive 2000/60 and Articles 14(3) and 15(1) of Directive 2007/60 respectively, and asking it to comply with those obligations within two months.
The Greek authorities informed the Commission that the flood risk management plans for the fourteen river basin districts under the second cycle were being drawn up and were due to be completed and submitted to the Commission in August 2024.
By letter of 8 March 2024, the Greek authorities sent the Commission a further reply stating that the adoption of the third cycle of river basin management plans for five of the fourteen river basin districts in question, namely those of Western Peloponnese, Epirus, Attica, Eastern Continental Greece and Central Macedonia, was scheduled for March 2024 and, as regards the other river basin districts, for April 2024.
Considering, therefore, that the situation of non-compliance persisted in the fourteen river basin districts in question, both with regard to the obligations resulting from Articles 13(7) and 15(1) of Directive 2000/60 and with regard to those resulting from Articles 14(3) and 15(1) of Directive 2007/60, the Commission decided to bring an action for failure to fulfil obligations on 17 May 2024.
In the Court’s view, under Article 13(7) of Directive 2000/60, read in conjunction with Article 25 thereof, river basin management plans had to be reviewed and updated for the first time at the latest 15 years after the date of entry into force of that directive and every six years thereafter. These plans were to be reviewed for the second time by 22 December 2021 at the latest. In addition, under Article 15(1) of the Directive, copies of the River Basin Management Plans thus updated for the second time were to be communicated to the Commission by 22 March 2022 at the latest.
In accordance with its settled case-law, the Court considers that the existence of a failure to fulfil obligations must be assessed by reference to the situation of the Member State as it stood at the end of the period prescribed in the reasoned opinion, with the result that changes which have occurred subsequently cannot be taken into account by the Court (Case C-559/19 Commission v Spain (Deterioration of the Doñana Natural Area) [2002] ECR I-0000): C:2021:512, paragraph 64, and the case-law cited therein, and Case C-281/24 Commission v Slovakia (Risk of flooding) [2010] ECR 2025, paragraph 11, and the case-law cited therein] and that it is for the Commission alone to assess whether it is appropriate to maintain an action for failure to fulfil obligations (Case C-305/10 Commission v Luxembourg [2011] ECR 226, paragraph 9, and the case-law cited therein).
Since the Commission has not withdrawn its action, the Court must conclude that, on expiry of the period prescribed in the reasoned opinion, the Hellenic Republic has not complied with the requirements laid down in Articles 13(7) and 15(1) of Directive 2000/60.
For these reasons, the Court finds against the Hellenic Republic and finds that:
- By failing to review and update the river basin management plans within the prescribed period and by failing to provide the European Commission with copies of their updated versions, the Hellenic Republic has failed to fulfil its obligations under Articles 13(7) and 15(1) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy.
- By failing to review and, where necessary, update the flood risk management plans and by failing to make the reviewed and possibly updated version thereof available to the European Commission, the Hellenic Republic has failed to fulfil its obligations under Article 14(3) and Article 15(1) of Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks.
To view the judgment, follow the link :https://curia.europa.eu/juris/document/document.jsf?text=&docid=300970&pageIndex=0&doclang=FR&mode=req&dir=&occ=first&part=1&cid=469408