EU Commission Takes Greece to Court Over Water Plan Delays

European Commission

Today, the European Commission decided to refer Greece (INFR(2022)2191) to the Court of Justice of the European Union for failure to finalise the revision of its river basin management plans as required under the Water Framework Directive (Directive 2000/60/EC) and of its flood risk management plans as required under the Floods Directive (Directive 2007/60/EC).

The Water Framework Directive focuses on ensuring the good qualitative and quantitative status of European water bodies, such as rivers and lakes. It aims to reduce and remove pollution, as well as ensure that there is enough water to support at the same time human needs and wildlife. It is an essential part of the European Green Deal and necessary to reach its climate, nature, and pollution reduction targets. Under the Directive, Member States must update and report their river basin management plans every six years. These plans, which include a programme of measures, are key to ensure that all water bodies remain or achieve good status, as required by the Directive. Greece has so far not reviewed, adopted nor reported its river basin management plans.

Compliance with the Floods Directive is critical for preparedness and management of floods. Under the Floods Directive, Member States must also update and report their flood risk management plans every six years. These plans are key to fulfil the objectives of the Floods Directive, that is to reduce and manage the risks that floods pose to human health, the environment, cultural heritage, and economic activity. Greece has so far not reviewed, adopted nor reported its flood risk management plans.

The Commission sent a letter of formal notice to Greece in February 2023. This was followed, in November 2023, by a reasoned opinion calling on Greece to comply with its obligations and complete the review of its plans. However, the relevant plans have still not been finalised. The Commission considers that efforts by the Greek authorities have, to date, been insufficient and is therefore referring Greece to the Court of Justice of the European Union.

Background

Since 2000, the Water Framework Directive has been the main law for water protection in Europe. It applies to inland, transitional and coastal surface waters as well as groundwaters. It ensures an integrated approach to water management, respecting the integrity of whole ecosystems, including by regulating individual pollutants and setting corresponding regulatory standards. It is based on a river basin district approach to make sure that neighbouring countries cooperate to manage the rivers and other bodies of water they share.

The Floods Directive and the Water Framework Directive create six-yearly cycles. The first flood risk and river basin management plans had to be prepared by the end of 2015 covering the period 2016-2021. The second flood risk and river basin management plans were due by the end of 2021, covering the period 2022-2027. All those plans were assessed and an EU overview was published in the 6th Implementation Report in December 2021.

Flood risk management is an integral part of integrated river basin management. The Floods Directive is therefore closely coordinated with the Water Framework Directive, especially as regards coordinating flood risk management plans, river basin management plans, and public participation procedures.

Infringement proceedings were launched against several Member States for failure to comply with their respective reporting obligations under these two Directives. In February 2024, the Commission decided to refer seven Member States to the Court (Bulgaria, Cyprus, Spain, Ireland, Malta, Portugal, Slovakia).

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