# CE2004078EN.01021401.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/214 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/214

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(2004/C 78 E/0219)

WRITTEN QUESTION E-3054/03

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(17 October 2003)

Subject:   Replacement of the illegal waste dump at Kouroupitos

Subject:

In its answer to my Written Question (E-0491/03) (1), dated 31 March 2003, the Commission stated that it had received a complaint in relation to the non-operation of the provisional solid waste management installation in Messomouri, the delay in the construction of the permanent, hygienic waste landfill site at Korakia and the non-rehabilitation of the Kouroupitos site. The Commission gave an assurance that the matter was being investigated.

1

Can the Commission say whether the investigation into the matter has been completed, and whether Greece has complied with Community environmental legislation?

Answer given by Mrs Wallström on behalf of the Commission

(21 November 2003)

(21 November 2003)

In its judgment (2) of 4 July 2000 (the second judgment under Article 228 of the EC Treaty) the Court of Justice declared that Greece had not implemented all the necessary measures to comply with the judgment of 7 April 1992 (3) (the first judgment under Article 226 of the EC Treaty) and had failed to fulfil its obligations under Article 171 of the EC Treaty (now Article 228). In particular, Greece had failed to take the measures necessary to ensure that waste is disposed of in the area of Chania without endangering human health and without harming the environment, and to draw up waste management plans for that area.

2

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Following the judgment, the Greek authorities transmitted information regarding the adoption of management plans for solid and dangerous wastes in the district of Chania, the definitive closure of the illegal dump at Kouroupitos, the full functioning of the new provisional installation in Messomouri, and the timetable for the construction of a permanent waste landfill site and composting plant in Korakia. This information was confirmed by an inspection in situ. Consequently, the Commission concluded that Greece had complied with the requirements of the Court judgment.

The complaint received in April 2002 relates to the operation of the provisional installation for compression, baling and storage of waste in Messoumouri. The complainant mainly argued that the old plastic film-wrapped bales temporarily deposited at the site since February 2001 had ruptured due to their prolonged storage and the high temperatures. In addition, the complainant maintained that the Kouroupitos site was not yet rehabilitated.

The Commission raised the issue with the Greek authorities. They have submitted their observations as regards the operation of the installation in Messomouri, the rehabilitation of the site of Kouroupitos, and the construction of the permanent waste management installations at Korakia. With a view to forming a proper opinion on the technical and factual aspects of the situation and before deciding on what action should be taken, the Commission selected independent experts, who conducted an on site fact-finding mission in February 2003. The aim of the mission was to evaluate the state of the environment at the temporary storage site of Messomouri and at the Kouroupitos site and to assess progress in relation to the construction of the permanent waste installations in Korakia.

The findings of the experts' final report are being assessed with the purpose of ensuring an appropriate and effective follow-up of the case.

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(1)  OJ C 222 E, 18.9.2003, p. 208.

1

(2)  Case C-387/97, ECR p. 5047.

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(3)  Case C-45/91, ECR p. 2509.

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