# CE2004065EN.01002401.xml

| 13.3.2004 | EN | Official Journal of the European Union | CE 65/24 |
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13.3.2004

EN

Official Journal of the European Union

CE 65/24

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(2004/C 65 E/025)

WRITTEN QUESTION P-0387/03

by Mario Mantovani (PPE-DE) to the Commission

(7 February 2003)

Subject:   Construction of the ‘Fenice’ special/toxic waste incinerator

Subject:

The problem of the ‘Fenice’ special/toxic waste incinerator, a project called for by the Fiat Group, dates back to 1994.

The Fenice spa company decided to set up a plant in the commune of Verrone, Biella province, to incinerate waste classed in the ‘special and hazardous’ category, under the terms of Decree/VIA 11/08/1995.

The environmental impact study submitted by Fenice SPA dates back to 1993, and the anemometric data on which it was based were compiled by the Cameri Airport weather station in Novara province. However, recent studies in the possession of the Biella provincial authorities, supplied by the Italian regional environmental protection agency ARPA, and the checks that can now be carried out at an observation post in the commune of Verrone have produced entirely different findings from those originally submitted by Fenice SPA. In the light of this information, completion of the project appears even more ill suited to the surroundings, bearing in mind the distinctive form of the land in the Biella area and the precipitation that occurs there, which prevent noxious substances being dispersed. In addition, the area has a substantial concentration of industry and a high death rate from tumours. Moreover, as far as the disposal of solid urban waste is concerned, Biella province already has a technology park. The ‘Fenice’ facility would thus be not only a foreign body extraneous to the surroundings, but also the biggest plant to have been built in Italy.

Waste originating from Fiat factories in Piedmont and Lombardy was mentioned in connection with the project covered by the environmental impact assessment, but the new regional waste plan which has since been approved does not refer to any agreements on that subject between Piedmont and Lombardy regions along the lines recommended in the VIA decree.

Does the Commission know about the project and is it aware that Community funding has been requested to enable it to be implemented?

Can it say whether the following apply in this case:

| — | Directive 85/337/EEC (1) on the assessment of the effects of certain public and private projects on the environment; |
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Directive 85/337/EEC (1) on the assessment of the effects of certain public and private projects on the environment;

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| — | Directive 91/156/EEC (2) amending Directive 75/442/EEC (3) on waste, which requires Member States to ensure that waste is recovered or disposed of without endangering human health or using processes or methods that could harm the environment; |
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Directive 91/156/EEC (2) amending Directive 75/442/EEC (3) on waste, which requires Member States to ensure that waste is recovered or disposed of without endangering human health or using processes or methods that could harm the environment;

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| — | Directive 84/360/EEC (4) on the combating of air pollution from industrial plants? |
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Directive 84/360/EEC (4) on the combating of air pollution from industrial plants?

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Furthermore, given the huge discrepancies in the studies conducted and the potential health risk to the citizens of all 82 communes in Biella province, as well as the risk to the environment itself and the future of the area concerned, can the Commission say what steps it will take regarding the case in question to ensure that the Community legislation in force is properly implemented and prevent the incinerator being built?

Answer given by Mrs Wallström on behalf of the Commission

(10 March 2003)

(10 March 2003)

According to the informations at the disposal of the Commission, this is a private project which does not fulfill the eligibility criteria foreseen in the Piemonte operational programme to qualify for a Community co-financing through the Structural Funds.

Under Council Directive 85/337/EEC of 27 June 1985, on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC of 3 March 1997 (5), Member States shall ensure that, before consent is given, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to a requirement for development consent and an assessment with regard to their effects. Projects covered by the Directive are identified in the annexes. Projects listed in Annex I are made subject to an environmental impact assessment procedure (EIA).

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The project mentioned by the Honourable Member is covered by Annex I of Directive 85/337/EEC, as amended. Therefore, it is to be made subject to an EIA procedure.

Based on the information given by the Honourable Member, it seems that an EIA procedure was carried out on the project in 1995 (concluded by Decree/VIA 11/08/1995) in the light of an impact study submitted by the developer in 1993. In addition, it appears that recent studies by the local authorities produced entirely different findings from those originally submitted by the developer, that in the meantime no development consent has been granted for this installation and that, at present, the developer has decided to set up the installation under the terms of the Decree/VIA 11/08/1995.

In light of the above, the Commission would stress that, in general, in case where the EIA has been concluded but no development consent has been granted and if the state of the environment changes or there are different findings regarding the impact of the project on the environment between the time the assessment was undertaken and the time consent was granted, it follows that the assessment may need to be updated or extended accordingly. Hence, new information relating to likely significant environmental effects of the project must be taken into account during the development consent procedure. In particular, as regards this specific case, the situation seems to be at too early a stage: on the basis of the information given by the Honourable Member, it can be deduced that no administrative procedure of request for development consent of the project, based on the Decree/VIA 11/08/1995, is under way. In the light of the above, given the lack of specific grounds for the complaint on the application of the EIA Directive, no breach of the Directive can be identified at present. Should the Honourable Member provide additional information enabling the Commission to identify potential breach of Directive 85/337/EEC, as modified, the Commission would be able to investigate this matter.

Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, applies to disposal and recovery operations, including incineration of waste. However, this Directive does not contain any requirements applicable to the planning stage of a disposal or recovery installation.

Regarding the applicability of Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants, if the planned hazardous waste incinerator has a capacity exceeding 10 tonnes per day, then Directive 84/360/EEC does not apply, because it is superseded by Council Directive 96/61/EC of 24 September 1996, on integrated pollution prevention and control (6). However, if the capacity is smaller, Council Directive 84/360/EEC applies. More importantly, Directive 2000/76/EC of the Parliament and of the Council of 4 December 2000 on the incineration of waste (7), applies. Directive 2000/76/EC will apply to existing plants, as defined in the Directive, from 28 December 2005, while as regards new plants its provisions apply as from 28 December 2002. Finally, the incineration of hazardous waste is regulated by Council Directive 94/67/EC of 16 December 1994 on the incineration of hazardous waste (8), which will be repealed by Council Directive 2000/76/EC.

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(1)  OJ L 175, 5.7.1985, p. 40.

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(2)  OJ L 78, 26.3.1991, p. 32.

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(3)  OJ L 194, 25.7.1975, p. 39.

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(4)  OJ L 188, 16.7.1984, p. 20.

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(5)  OJ L 73, 14.3.1997.

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(6)  OJ L 257, 10.10.1996.

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(7)  OJ L 332, 28.12.2000.

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(8)  OJ L 365, 31.12.1994.

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