# CE2004088EN.01019001.xml

| 8.4.2004 | EN | Official Journal of the European Union | CE 88/190 |
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8.4.2004

EN

Official Journal of the European Union

CE 88/190

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(2004/C 88 E/0196)

WRITTEN QUESTION E-0517/04

by Antonios Trakatellis (PPE-DE) to the Commission

(24 February 2004)

Subject:   Release of toxic waste by a fire at an industrial plant in Thessaloniki and non-compliance by Greece with ECJ judgment on hazardous waste

Subject:

The explosion in a provisional storage area of 210 tonnes of toxic waste produced by the former ‘DIANA’ industrial plant in Thessaloniki caused a fire which led to the release of large amounts of toxic substances into the atmosphere and the environment, endangering public health. Environmental organisations have condemned the provisional storage of some 1 000 tonnes of dangerous pesticides in disused and run-down facilities belonging to the company in question. Repeated questions tabled by the author of the present question concerning the uncontrolled disposal of hazardous waste (P-2724/03 (1) and E-3216/03 (2)) have revealed that the whereabouts of the 230 000 tonnes of hazardous waste which are provisionally stored out of 390 000 tonnes produced annually in Greece are unknown. This is in breach of Community legislation (Directive 91/689/EEC (3) on hazardous waste, as amended by Directive 94/31/EC (4)). In view of the above, will the Commission say:

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| 1. | Which immediate measures can be taken to protect public health and the environment and to identify the final disposal or utilisation sites of the 230 000 tonnes of hazardous waste produced annually which are kept in provisional storage and constitute a time bomb for public health and the environment? |
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1.

Which immediate measures can be taken to protect public health and the environment and to identify the final disposal or utilisation sites of the 230 000 tonnes of hazardous waste produced annually which are kept in provisional storage and constitute a time bomb for public health and the environment?

| 2. | What measures has it taken or does it intend to take to ensure compliance with the Community provisions concerning the safe storage, monitoring and identification of toxic substances and waste in Greece? |
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2.

What measures has it taken or does it intend to take to ensure compliance with the Community provisions concerning the safe storage, monitoring and identification of toxic substances and waste in Greece?

| 3. | How can environmental dumping and environmental pollution be discouraged through the effective implementation of Community legislation to the production activities carried out in Greece? |
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3.

How can environmental dumping and environmental pollution be discouraged through the effective implementation of Community legislation to the production activities carried out in Greece?

| 4. | What stage has been reached in the procedure concerning the imposition of a fine on Greece for non-compliance with the ECJ judgment of 13 June 2002 (C-33/01), and what does it propose that the ECJ should do? |
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4.

What stage has been reached in the procedure concerning the imposition of a fine on Greece for non-compliance with the ECJ judgment of 13 June 2002 (C-33/01), and what does it propose that the ECJ should do?

Answer given by Mr Wallström on behalf of the Commission

(6 April 2004)

(6 April 2004)

Further to the replies to the Honourable Member's Written Questions E-2645/02 (5), P-2724/03, E-3216/03 and E-2025/03 by Mr Papayannakis (6), the Commission would like to draw the attention of the Honourable Member to the following:

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| 1. | According to the information provided by the Greek authorities, the competent national authorities issue permits for temporary storage and apply constant state control to ensure that public health and the environment are protected. |
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According to the information provided by the Greek authorities, the competent national authorities issue permits for temporary storage and apply constant state control to ensure that public health and the environment are protected.

| 2. and 4. | The Commission holds no information on the precise location of the sites where the 230 000 tonnes of hazardous waste are temporarily stored. This is why an infringement procedure has been initiated. Following the Court judgment of 13 June 2002 (7), the Commission has received incomplete information about the measures taken by Greece to comply with the judgment. Consequently, the Commission took the view that Greece had failed to fulfil its obligations under Article 228(1) of the EC Treaty and addressed a letter of formal notice, in accordance with Article 228(2) of the EC Treaty. The reply of the Greek authorities to the letter of formal notice is under assessment. If it is established that Greece has not complied with the above-mentioned Court judgment, the Commission will not hesitate to issue a reasoned opinion under Article 228(2) of the EC Treaty.
  Regarding action taken by the Commission to ensure that Greece complies with Community legislation on waste, it must be recalled that the Court (8) recently declared that Greece had failed to fulfil its obligations under Articles 4(1) and 11 of Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) (9). In addition, Greece has been referred to the Court of Justice (case C-163/03) over its failure to put in place an adequate plan for the management of hazardous waste in the region of Thriassio Pedio (Prefecture of Attiki). The referral also relates to its failure to avoid the pollution of groundwater by hazardous waste.
  The Commission will continue investigating any information, which gives sufficient reason to assume that Greece does not properly apply Community legislation on waste. |
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The Commission holds no information on the precise location of the sites where the 230 000 tonnes of hazardous waste are temporarily stored. This is why an infringement procedure has been initiated. Following the Court judgment of 13 June 2002 (7), the Commission has received incomplete information about the measures taken by Greece to comply with the judgment. Consequently, the Commission took the view that Greece had failed to fulfil its obligations under Article 228(1) of the EC Treaty and addressed a letter of formal notice, in accordance with Article 228(2) of the EC Treaty. The reply of the Greek authorities to the letter of formal notice is under assessment. If it is established that Greece has not complied with the above-mentioned Court judgment, the Commission will not hesitate to issue a reasoned opinion under Article 228(2) of the EC Treaty.

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Regarding action taken by the Commission to ensure that Greece complies with Community legislation on waste, it must be recalled that the Court (8) recently declared that Greece had failed to fulfil its obligations under Articles 4(1) and 11 of Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) (9). In addition, Greece has been referred to the Court of Justice (case C-163/03) over its failure to put in place an adequate plan for the management of hazardous waste in the region of Thriassio Pedio (Prefecture of Attiki). The referral also relates to its failure to avoid the pollution of groundwater by hazardous waste.

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The Commission will continue investigating any information, which gives sufficient reason to assume that Greece does not properly apply Community legislation on waste.

| 3. | An effective implementation of Community legislation on waste is, of itself, a guarantee of a high level of environmental protection. Even if the Commission is responsible for monitoring the application of Community law, the implementation of Community legislation falls primarily within the competencies of the Member States. The Commission supports this process carrying out regular meetings with national authorities and other stakeholders as well as answering their technical and legal requests. In addition, Member States can make use of the many financial instruments and resources available to comply with their obligations under Community legislation on waste. |
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An effective implementation of Community legislation on waste is, of itself, a guarantee of a high level of environmental protection. Even if the Commission is responsible for monitoring the application of Community law, the implementation of Community legislation falls primarily within the competencies of the Member States. The Commission supports this process carrying out regular meetings with national authorities and other stakeholders as well as answering their technical and legal requests. In addition, Member States can make use of the many financial instruments and resources available to comply with their obligations under Community legislation on waste.

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(1)  OJ C 70 E, 20.3.2004, p. 132.

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(2)  OJ C 78 E, 27.3.2004, p. 490.

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(3)  OJ L 377, 31.12.1991, p. 20.

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(4)  OJ L 168, 2.7.1994, p. 28.

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(5)  OJ C 110 E, 8.5.2003.

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(6)  OJ C 51 E, 26.2.2004.

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(7)  Judgment of 13 June 2002, Commission/Greece, case C-33/01, ECJ Reports p. 5447.

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(8)  Judgement of 5 June 2003, Commission/Greece, case C-83/02, ECJ Reports p. 5639.

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(9)  OJ L 243, 24.9.1996.

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