Filenews 23 March 2022 - by Vassos Vassiliou
The fear of the Limassol-Amathus Sewerage Board (SALA) that the Sewerage Boards could be loaded with a threatened fine of about €90 million. by the EU, for the fact that there was no compliance with the Union Directive for the creation of sewerage systems in settlements of more than 2,000 inhabitants, led the SALA to send a letter to the Parliament, through which it asked to clarify the whole issue and legislatively, in the context of the reform of local self-government.
Both SALA and the other Sewerage Boards consider that any fine should be imposed on the government, given that until now the creation of sewerage systems, wastewater treatment plants, etc., was the responsibility of the Water Development Department and not of the Councils.
Although the SALA sent a relevant letter to parliament on February 10, i.e. several days before March 3rd of this year when the reform was passed (including the provincial organizations that will handle water and sewerage issues), the issue was not clarified.
The Minister of Interior Nikos Nouris in a letter to the President of SALA and Mayor of Limassol, Mr. Nikos Nikolaidis, assures that in case of imposition of a fine, it will be paid by the Republic of Cyprus. The SALA president considers the interior minister's letter to be reassuring, although as another SALA member argues, the matter is not fully clarified. Specifically, the Letter of Nouris states the following: "Finally, it is noted that in the event that any fine is imposed by the European Commission, due to delays in the implementation of Directive 91/271/EEC, I believe that this will be imposed on the Republic of Cyprus, which had the competence at that time, for the implementation of the said Directive". What is considered to leave the matter open concerns the use of the verb "I believe", in the sense that a subsequent Minister of Interior may consider that the fine should not be paid by the Republic of Cyprus.
The letter of the Minister of Interior states that according to the provisions of the "Sewerage Systems Law (N108(I)2004) which has harmonized the European Directive 91/271/EEC on urban wastewater treatment, as well as the agreement of Accession of Cyprus, should in each settlement with an equivalent population of more than 2,000 that has been included in the National Implementation Plan of the Directive with a list of 57 settlements (7 urban and 50 rural), have in place and operate waste water collection networks, as well as a waste water treatment plant, by 31 December 2012 at the latest.
The European Commission, adds the Minister, considering that the Republic of Cyprus has breached the obligations for 31 of the 57 settlements, registered on 20/3/2019 at the Court of Justice of the EU an Infringement Action against the Republic of Cyprus (Infringement No. 2017/2046) which led to the CJEU's Conviction of the day. 5/3/2020 (Case C-248/19).
From the above, explains Mr. Nouris, it follows that at the time of the conviction, the responsibility for the construction of the wastewater collection networks was in the Water Development Department.
"In this regard, it is stated that according to the bill entitled "The District Organizations of Local Government Law of 2022", the entry into force of the law will be determined by decision of the Council of Ministers".
In the light of the above, I consider that the existing provisions of the bill in question do not require any amendment in this regard, adds Mr. Nouris.
It is noted that if the EU is not satisfied with the actions or the results of the actions of the Republic of Cyprus, then the fine that the Republic of Cyprus may be required to pay will also be reinstated, it is estimated that it is around €90 million. ,
The aim of the Directive is the protection of the aquatic environment
The main objective of the EU Directive is to protect the aquatic environment from the negative effects of the discharge of untreated urban waste water.
Cyprus had justified its non-compliance by citing the economic crisis which resulted in the accumulation of liabilities. He had also argued that the state is not obliged to cover the cost of implementing wastewater networks in municipal areas by referring to municipalities.
The companies' appeals were also invoked before the Tenders Review Authority.
In its judgment, the Court of Justice of the EU finds that the Republic of Cyprus has failed to provide a sewerage network in 31 settlements (Aradippou, Ypsonas, Dali, Voroklini, Deryneia, Sotira, Xylofagou, Pervolia, Kolossi, Polis Chrysochous, Livadia, Dromolaxia, Pera Chorio-Nisou, Liopetri, Avgorou, Paliometocho, Kiti, Frenaros, Ormidia, Kokkinotrimithia, Trachoni, Episkopi, Xylotymbou, Pano Polemidia, Pyla, Lympia, Parekklisia, Kakopetria, Achna, Meneou and Pyrgos), as required by article 3 of the Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment.
At the same time, according to the decision, Cyprus failed to ensure, for the same settlements, that urban waste water channelled into sewerage systems is subject to secondary or equivalent treatment prior to its disposal, as required by the relevant Directive.
