a)

The importance of the rules of EU law which have been infringed It is apparent from Articles 1, 2, 3(1) and 4 of Council Directive 91/271/EEC concerning urban waste-water treatment (2) (‘Directive 91/271/EEC’), and Annex I thereto, that the disposal of untreated urban waste water into receiving waters causes pollution which has a significant impact on the quality of such waters and on the associated ecosystems. The collection and treatment of urban waste water from agglomerations with a population equivalent greater than 15  000 is of crucial importance in terms of the preservation and improvement of the quality of receiving waters and of aquatic and terrestrial ecosystems which depend directly on such water masses, and also in terms of ensuring full and correct compliance with other EU law directives.

b)

The consequences of that infringement for general and specific interests

c)

Other aggravating and attenuating circumstances

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In accordance with the 2005 Communication, such penalty payments are calculated on the basis of the following formula:

Standard flat-rate amount x coefficient for seriousness x coefficient for duration x ‘n’ factor, which in this case gives the following: 660 x 3 x 3 x 3,40 = EUR 20  196 per day.

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To ensure the progressive decrease in the penalty payment per day of delay, the Commission proposes that that the amount of the penalty payment per day of delay — in this case EUR 20  196 — be divided by the population equivalent in relation to which compliance with the judgment in Case C-530/07 has still not been ensured. In accordance with the most recent figures, the population equivalent which is yet to comply with Directive 91/271/EEC is 3 21  950. Consequently, the Commission proposes that the amount of the standard flat-rate amount (EUR 20  196 per day) be divided by 3 21  950.

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The resulting sum of that division (20  196: 3 21  950), that is EUR 0,06 per day, is to be deducted from the standard flat-rate amount for each population equivalent which has complied in the meantime with the directive.

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The method of calculation of the daily amount used to determine the lump-sum fine is very similar to that for determining the daily rate of penalty payments. That method consists of multiplying a standard flat-rate amount by a coefficient for seriousness and multiplying the result obtained by a fixed factor per country (the ‘n’ factor), which factor indicates both the payment capacity of the Member State at issue and the number of votes allocated to that Member State in the Council.

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However, for the lump sum the Commission will use a lower standard flat-rate than that applicable to penalty payments, since the conduct of the infringing Member State becomes more reprehensible once a judgment has been delivered in accordance with Article 260 TFEU, in so far as the infringement still continues in spite of two consecutive judgments of the Court of Justice. The standard flat-rate amount for the lump-sum fine is currently set at EUR 220 per day, and the Commission does not propose the application of a coefficient for duration in this respect.

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Accordingly, account being taken of the standard flat-rate amount, the coefficient for severity and the ‘n’ factor, the daily rate for the determination of the lump-sum fine amounts to (220 x 3 x 3,40 =) EUR 2  244.

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It is necessary to examine — bearing in mind the minimum lump sum established for the Member State in question — whether the Commission should propose a daily rate or a lump sum to the Court of Justice. To that effect, it is necessary to compare, on the one hand, the total cumulative value of the daily rate for the lump-sum fine, calculated until the date of the Commission’s decision (namely its decision to bring an action in accordance with Article 260 TFEU) and, on the other hand, the minimum lump sum determined for the Member State in question.

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1987 days have passed since the date of delivery of the Court’s judgment (7 May 2009) and the date of the Commission’s decision to bring an action in accordance with Article 260 TFEU (16 October 2014). Consequently, on the date of the Commission’s decision referred to above the cumulative total of the daily rates for the calculation of the lump-sum fine is (EUR 2  244 x 1987 days =) EUR 4 4 58  828.

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The minimum lump sum determined for Portugal is currently EUR 1 8 75  000.

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Thus, since the total cumulative sum of the daily rates for the lump-sum fine as at 16 October 2014 exceeds the minimum lump sum determined for Portugal, the Commission proposes that that Member State be required to pay the daily rate of the lump-sum fine, that is to say EUR 2  244 per day starting from the date of delivery of the Court’s judgment in Case C-530/07 and until the date of delivery of the judgment in accordance with Article 260 TFEU, or until the date on which the Portuguese Republic complies with the first of the Court’s judgments, if that date is earlier.