# CE2004078EN.01090901.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/909 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/909

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(2004/C 78 E/0961)

WRITTEN QUESTION P-4073/03

by Giovanni Fava (PSE) to the Commission

(8 January 2004)

Subject:   Waste-to-energy plant

Subject:

The President of the Region of Sicily, acting as special Commissioner for waste, has issued an order for the construction of a large waste-to-energy plant for the incineration of waste, combined with a waste dump, at Paternó in the province of Catania.

The location chosen for the plant and the dump is only 5 km from a residential area in ‘Contrada Valanghe’, recognised by the European Community as a site of Community interest (SIC-ITA 060015) because of its geological features and local flora and fauna. Furthermore, the area in question borders on another site of Community interest (SIC-ITA 070025), the Pietralunga stretch of the River Simeto, where there are important archaeological remains.

On the basis of this information, does the Commission not consider that the decision to adopt this provision, taken by the President of the Region of Sicily and the local authorities, is in serious conflict with the Community's desire to safeguard these sites for the above-mentioned reasons?

Does the Commission not consider that the choice of a site only 5 km from a residential area as the location for a waste-to-energy plant and a waste dump endangers the safety and health of the local population?

Finally, does the Commission not consider that the decision to build the waste-to-energy plant in an area where crops with a protected designation of origin are grown and organic farming is carried out seriously jeopardises the local economy and development model?

Answer given by Mrs Wallström on behalf of the Commission

(5 February 2004)

(5 February 2004)

According to Council Directive 85/337/EEC of 27 June 1985 (1), (Environmental Impact Assessment (EIA) Directive) as amended by Council Directive 97/11/EC of 3 March 1997, on the assessment of the effects of certain public and private projects on the environment (2), the construction of a waste incineration plant and of a waste dump might, depending on their dimensions, require an EIA. The location of the planned facilities, both from the point of view of distance to populated areas and of the economic activities being developed in the area, is necessarily one of the elements that have to be taken into account in the assessments or in the decision whether or not to submit the projects to an assessment.

1

2

In addition to those requirements, the project mentioned by the Honourable Member is located within a Site of Community Importance proposed by Italy in accordance with Article 4 of Council Directive 92/43/EEC of 21 May 1992, on the conservation of natural habitats and of wild fauna and flora (3), and near a second site proposed under the same Directive. It is therefore subject to Article 6 of the same Directive, which defines under which conditions a project likely to have a significant impact on a Special Protection Area or Site of Community Importance can be authorised. Should the project be likely to have a significant impact, its approval without fulfilling the conditions specified in Article 6 would therefore constitute a breach of the Directive.

3

More generally, all new incinerators, regardless of their location, are required to respect the emission standards and other conditions laid down in Directive 2000/76/EC of the Parliament and of the Council of 4 December 2000 on the incineration of waste (4). Moreover, if the installations fall within the scope of Council Directive 96/61/EC of 24 September 1996, concerning integrated pollution prevention and control (5), as is apparently the case, the competent authority shall fix in the permit emission limit values, equivalent parameters and technical measures based on best available techniques, taking into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions. This means that the competent authority may, if needed, set more stringent permit conditions than those stipulated by the waste incineration Directive itself.

4

5

It is not clear from the information provided by the Honourable Member whether an environmental impact assessment or a specific assessment of the impact of the planned installation on the two proposed Sites of Community Importance were carried out and, if so, what were their conclusions. Since it is also unclear whether construction permits have already been issued, the Commission does not have any elements that might indicate a possible violation of Directive 92/43/EEC.

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(1)  OJ L 175, 5.7.1985.

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(2)  OJ L 73, 14.3.1997.

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(3)  OJ L 206, 22.7.1992.

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(4)  OJ L 332, 28.12.2000.

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(5)  OJ L 257, 10.10.1996.

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