The European Commission is sending Romania a final warning about a breach of EU laws regarding environmental impact assessments. A major formaldehyde production plant was built in Romania in 2007 without a permit and before any impact assessment had been made. Romanian authorities initially ordered the demolition of the plant, but the order was subsequently rescinded by a local court. The Commission is not aware of any sanction being applied to the operator. A failure to act on this second warning could see Romania brought before the European Court of Justice.

European Environment Commissioner Janez Potočnik said: "Legislation on its own is never enough: it must be able to be applied 'on the ground. Romania must ensure that impact assessments are carried out in cases like these, and that they respect any rulings that follow."

60 000 tonnes of formaldehyde

The Commission is sending Romania a final warning for permitting the construction of a major industrial plant before the appropriate environmental impact assessment was carried out.

The complaint concerns the illegal construction of an installation that will manufacture 60 000 tonnes of formaldehyde per year. An initial order to demolish the plant had been overturned by a court of appeal. No appropriate measures to sanction the operator and to ensure the EU legislation is effectively being applied have been taken. Romania was in breach of several environmental major pieces of EU legislation, including the Environmental Impact DirectiveRead More">¹ and the Seveso DirectiveRead More">², which is intended to prevent major accident hazards involving dangerous substances. A first written warning was sent in October 2009, with Romania replying in November.

The Commission is not satisfied with the reply, which does little to remove doubts about the breach of the relevant legislation, and has decided to issue a second warning, the final step before a summons before the European Court of JusticeLegal Process

The Commission has the power to take legal action against a Member State that is not respecting its obligations under Community law, under Article 258 of the Treaty on Functioning of the European Union.

The infringement procedure begins with a first written warning ("Letter of Formal Notice") to the Member State concerned, which must be answered within two months.

If the Commission is not satisfied with the reply, this first letter may be followed by a final written warning ("Reasoned Opinion") clearly explaining the infringement, and calling on the Member State to comply within a specified period, usually two months.

A failure to act on the final written warning can result in a summons to the Court of Justice. If the Court rules against the Member State, it must then take the necessary measures to comply with the judgment.

If, despite the ruling, a Member State still fails to act, a further round of the infringement process begins under Article 260 of the Treaty, this time with only one written warning. This second round can ultimately result in financial penalties for the Member State concerned.

Europa