# CE2004070EN.01013201.xml

| 20.3.2004 | EN | Official Journal of the European Union | CE 70/132 |
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20.3.2004

EN

Official Journal of the European Union

CE 70/132

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(2004/C 70 E/134)

WRITTEN QUESTION P-2724/03

by Antonios Trakatellis (PPE-DE) to the Commission

(3 September 2003)

Subject:   Uncontrolled disposal of toxic waste and chemical substances in Greece and infringement of environmental legislation by a toxic waste processing plant at Larimna in the prefecture of Fthiotida

Subject:

In 1998, the Greek authorities notified the Commission that they had produced a total quantity of toxic waste amounting to 287 000 tonnes, 65 000 tonnes of which had been recycled. At the present time, however, according to information from research institutes, the annual production of hazardous waste is estimated to be 500 000 tonnes. Moreover, on 13 June 2002, the Court of Justice ruled against Greece (case C-33/2001) for its failure to take the necessary measures to record and identify hazardous waste at its site of disposal, as laid down in Directive 91/689/EEC (1).

1

Can the Commission answer the following:

| 1. | What quantity of hazardous waste is produced in Greece, how much of that quantity is recycled or stored and at which sites is it disposed of? |
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1.

What quantity of hazardous waste is produced in Greece, how much of that quantity is recycled or stored and at which sites is it disposed of?

| 2. | Is Greece in compliance with the provisions of Directive 91/689/EEC on hazardous waste and the judgment of the Court of Justice in case C-33/2001? What measures will the Commission take to ensure that the environment and public health in Greece is protected from the uncontrolled discharging and dumping of hazardous waste and chemical substances such as PCBs and PCTs, the toxicity and tendency to bioaccumulation of which constitute a particular threat to the environment and human health? |
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2.

Is Greece in compliance with the provisions of Directive 91/689/EEC on hazardous waste and the judgment of the Court of Justice in case C-33/2001? What measures will the Commission take to ensure that the environment and public health in Greece is protected from the uncontrolled discharging and dumping of hazardous waste and chemical substances such as PCBs and PCTs, the toxicity and tendency to bioaccumulation of which constitute a particular threat to the environment and human health?

| 3. | Is the Commission aware that the Greek authorities are planning to authorise the construction of a toxic waste processing plant in a residential area of Larimna in the prefecture of Fthiotida, in breach of Directive 85/337/EEC (2) on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 97/11/EC (3)? What measures it will take to ensure the protection of the environment and compliance with Community legislation? |
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3.

Is the Commission aware that the Greek authorities are planning to authorise the construction of a toxic waste processing plant in a residential area of Larimna in the prefecture of Fthiotida, in breach of Directive 85/337/EEC (2) on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 97/11/EC (3)? What measures it will take to ensure the protection of the environment and compliance with Community legislation?

2

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Answer given by Mrs Wallström on behalf of the Commission

(7 October 2003)

(7 October 2003)

| 1. | A table containing the information on hazardous waste quantities notified by Greece to the Commission (4) is sent direct to the Honourable Member and to Parliament's Secretariat.
  The data was used for the Report from the Commission to the Council and the Parliament (5).
  The Commission does not know at which sites the hazardous waste is disposed of. |
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1.

A table containing the information on hazardous waste quantities notified by Greece to the Commission (4) is sent direct to the Honourable Member and to Parliament's Secretariat.

4

The data was used for the Report from the Commission to the Council and the Parliament (5).

5

The Commission does not know at which sites the hazardous waste is disposed of.

| 2. | In its judgment of 13 June 2002 (6), the Court of Justice declared that ‘by failing to send to the Commission, within the period prescribed, all the information required under Article 8(3) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste, in the version resulting from Council Directive 94/31/EC of 27 June 1994, the Hellenic Republic has failed to fulfil its obligations under that directive.’ The Greek authorities have communicated to the Commission the measures taken to comply with the Court's judgment, namely information concerning establishments or enterprises which dispose of and/or recycle hazardous waste. The Greek authorities affirm that they have fulfilled their obligations under Article 8(3) of Directive 91/689/EEC. This information is being examined. If the Commission finds that the judgment of 13 June 2002 has not been implemented, it will not hesitate to initiate the infringement procedure provided for in Article 228 of the EC Treaty.
  With regard to the disposal of hazardous waste, it should be noted that the Commission has brought a case before the Court (Case C-l63/03) since it considers that Greece has failed to fulfil its obligations under Articles 2(1) and 6(1) of Directive 91/689/EEC. In the Commission's opinion, Greece has not taken the measures necessary to ensure that hazardous waste is recorded and identified in the region of Thriassio Pedio where it is discharged, and has not drawn up plans for the management of hazardous waste for that region.
  In addition, in its judgment of 5 June 2003 (7), the Court declared that ‘by failing to draw up, within the prescribed period, summaries of inventories of equipment with PCB volumes of more than 5 dm3, plans for the decontamination and/or disposal of inventoried equipment and the PCBs contained therein, and outlines for the collection and subsequent disposal of equipment that is not subject to inventory, in accordance with Articles 4(1) and 11 of Council Directive 96/59/EE of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCBs and PCTs), the Hellenic Republic has failed to fulfil its obligations under that directive.’ |
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2.

In its judgment of 13 June 2002 (6), the Court of Justice declared that ‘by failing to send to the Commission, within the period prescribed, all the information required under Article 8(3) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste, in the version resulting from Council Directive 94/31/EC of 27 June 1994, the Hellenic Republic has failed to fulfil its obligations under that directive.’ The Greek authorities have communicated to the Commission the measures taken to comply with the Court's judgment, namely information concerning establishments or enterprises which dispose of and/or recycle hazardous waste. The Greek authorities affirm that they have fulfilled their obligations under Article 8(3) of Directive 91/689/EEC. This information is being examined. If the Commission finds that the judgment of 13 June 2002 has not been implemented, it will not hesitate to initiate the infringement procedure provided for in Article 228 of the EC Treaty.

6

With regard to the disposal of hazardous waste, it should be noted that the Commission has brought a case before the Court (Case C-l63/03) since it considers that Greece has failed to fulfil its obligations under Articles 2(1) and 6(1) of Directive 91/689/EEC. In the Commission's opinion, Greece has not taken the measures necessary to ensure that hazardous waste is recorded and identified in the region of Thriassio Pedio where it is discharged, and has not drawn up plans for the management of hazardous waste for that region.

In addition, in its judgment of 5 June 2003 (7), the Court declared that ‘by failing to draw up, within the prescribed period, summaries of inventories of equipment with PCB volumes of more than 5 dm3, plans for the decontamination and/or disposal of inventoried equipment and the PCBs contained therein, and outlines for the collection and subsequent disposal of equipment that is not subject to inventory, in accordance with Articles 4(1) and 11 of Council Directive 96/59/EE of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCBs and PCTs), the Hellenic Republic has failed to fulfil its obligations under that directive.’

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3

| 3. | Facilities for the disposal of hazardous waste by incineration, chemical treatment or landfilling are listed in Annex I.9 to 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. Pursuant to Article 4(1) of the directive, the projects listed in Annex I have to be subjected to an environmental impact assessment. The Commission does not have information at its disposal to conclude that the Community legislation in question was not complied with in the case of the project to establish a toxic waste processing plant in Larimna. If the Honourable Member has information demonstrating the existence of an infringement of Directive 85/337/EEE, he is requested to communicate it to the Commission. |
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3.

Facilities for the disposal of hazardous waste by incineration, chemical treatment or landfilling are listed in Annex I.9 to 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. Pursuant to Article 4(1) of the directive, the projects listed in Annex I have to be subjected to an environmental impact assessment. The Commission does not have information at its disposal to conclude that the Community legislation in question was not complied with in the case of the project to establish a toxic waste processing plant in Larimna. If the Honourable Member has information demonstrating the existence of an infringement of Directive 85/337/EEE, he is requested to communicate it to the Commission.

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

1

(2)  OJ L 175, 5.7.1991, p. 40.

2

(3)  OJ L 73, 14.3.1997, p. 5.

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(4)  Letter of 6 December 2002 from the Ministry of the Environment, Regional Planning and Public Works.

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(5)  COM(2003) 250 final.

5

(6)  Judgment of 13 June 2002, Commission v Hellenic Republic, Case C-33/01, ECR p. 5447.

6

(7)  Judgment of 5 June 2003, Commission v Hellenic Republic, Case C-83/02, not yet published.

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