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The Commission decides to refer PORTUGAL to the Court of Justice of the European Union to improve its rules on pollution arising from industrial activities
Today, the European Commission decided to refer Portugal (INFR(2022)2085) to the Court of Justice of the European Union for failing to bring its national legislation fully in line with the Industrial Emissions Directive (Directive 2010/75/EU). Industrial activities can have a significant impact on the environment and health. The Directive lays down rules that include preventing or reducing emissions into air, water and soil and preventing waste generation.
The European Green Deal, with its zero pollution ambition, calls for air, water and soil pollution to be reduced to levels no longer considered harmful to human health and natural ecosystems. The full implementation of the Industrial Emissions Directive is key in achieving this ambition.
However, Portugal has not brought the definitions of ‘hazardous substances' and of ‘existing installation' laid down in its national legislation fully in line with the Directive. Moreover, Portugal has not clearly defined the obligations for the operators of industrial installations or the competent authorities to take appropriate action in case of incidents or accidents. Certain requirements have not been transposed into national law, notably in relation to the reconsideration and update of permit conditions, the content of the permit for waste incineration plants, the assessment of compliance with emission limit values and to information that must be submitted in case of an installation with likely significant transboundary effects.
The Commission sent a letter of formal notice to Portugal in September 2022, followed by a reasoned opinion in September 2023. Even though the Commission accepted some explanations provided by Portugal concerning some of the grievances initially raised, the Portuguese authorities have not addressed all grievances. The Commission considers that efforts by the Portuguese authorities have, to date, been insufficient and is therefore referring Portugal to the Court of Justice of the European Union.
Background
The Industrial Emissions Directive ensures both an integrated approach of managing industrial emissions as well as uniform environmental performance requirements for industrial installations across the Union.
There are similar cases open for Czechia, Germany, Ireland, Croatia, Austria and Poland. Other cases for Bulgaria, Greece, Romania, Slovenia and Slovakia have been solved and closed.
With its recent revision, the Directive has been strengthened, modernising the way national and local authorities give permits for installations which are a major source of pollution across the EU. Member States must transpose the revised Directive by 1 July 2026.
More Information
Infringement decisions database
October 2024 infringement package
Infringement procedure Portugal (INFR(2022)2085)