WRITTEN QUESTION E-0276/02

by Antonios Trakatellis (PPE-DE) to the Commission

(8 February 2002)

Subject: Discharge of toxic substances at a Greek Electricity Board (DEI) plant and the threat to public health

An accident at a DEI plant at Kozani has resulted in chemical gases belonging to the category of toxic polychlorinated biphenyl (PCB) which includes clophen being released into the atmosphere. This accident was covered up by the DEI, and no scientific institute was therefore notified or asked to check for environmental pollution resulting for the combustion of the toxic fluid; furthermore, no medical personnel were asked to examine the workers involved.

Given that the replacement of condenser fluids by less hazardous substances has been an issue since 1991 and that the dioxins produced when clophen is burned are carcinogenic, will the Commission say:

1. What measures does it intend to take to protect public health, given the consequences of the above accident, both for workers and for inhabitants of the region who were not informed or subjected to medical examinations in good time?

2. Have the rules on the control of major-accident hazards involving dangerous substances (Directive 96/82/EC)(1) and concerning integrated pollution prevention and control (Directive 96/61/EC)(2) been respected?

3. Have sites been set up in Greece to store toxic waste, in accordance with Directive 78/319/EEC(3) and, if so, where are they located?

4. Have shipments of hazardous waste been undertaken in Greece in accordance with Directive 84/631/EEC(4) on the supervision and control within the European Community of the transfrontier shipment of hazardous waste by industries and other undertakings and, if so, are the requisite consignment notes available with sufficient information about the measurse that have to be taken to ensure transport safety?

5. What measures does it intend to take to ensure that Greece complies with Directive 96/59/EC(5), given that polychlorinated biphenyl (PCB) is considered to be toxic and hazardous waste which produces dioxins?

6. Has Greece taken the necessary measures under Directive 91/689/EEC(6) to ensure that at sites where tipping of hazardous waste takes place this waste is recorded and identified?

7. Has Greece complied with the rules of Directive 75/439/EEC(7) on the disposal of waste oils?

(1) OJ L 10, 14.1.1997, p. 13.

(2) OJ L 257, 10.10.1996, p. 26.

(3) OJ L 84, 31.3.1978, p. 43.

(4) OJ L 326, 13.12.1984, p. 31.

(5) OJ L 243, 24.9.1996, p. 31.

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

(7) OJ L 194, 25.7.1975, p. 23.

Answer given by Mrs Wallström on behalf of the Commission

(2 April 2002)

1. The following Community directives that aim to protect workers' health are applicable in this particular case: the Framework Directive 89/391/EEC(1), the Carcinogens Directive 90/394/EEC (as amended)(2), the Chemical Agents Directive 98/24/EC(3). These directives clearly establish the employer's responsibility in terms of providing the relevant information to workers and lay down the preventive measures to be taken to avoid the occurrence of this type of accident. A reinforced health surveillance of workers is foreseen in the Carginogens and Chemical Agents Directives. It is the task of the national authorities to enforce the national provisions transposing these directives and to make their application a reality. The Member States have then to react when the national provisions are not fulfilled. If there is evidence that a Member State does not ensure the practical application of the transposition measures, the Commission may react. Additional dispositions to protect more specifically the inhabitants living in the vicinity of establishments where dangerous substances are present are foreseen in the frame of Council Directive 96/82/EC as explained below.

2. Council Directive 96/82/EC of 9 December 1996, on the control of major accident hazards involving dangerous substances, applies to establishments where the quantities of dangerous substances exceed specific thresholds. In fact, for each dangerous substance or category of dangerous substance two thresholds are defined in the directive. When the quantity exceeds the upper threshold the full provisions of the Directive apply (so-called upper tier establishment). When the quantity exceeds only the lower threshold some provisions of the Directive apply (so-called lower tier establishment). Below the lower threshold, Directive 96/82/EC does not apply.

Should Directive 96/82/EC apply, then, apart from the measures aiming directly at avoiding accident, additional measures, like public information or land use planning would apply. For the so called upper tier establishments external emergency plans would have to be drawn up and tested at regular interval.

The DEI plant at Kozani seems not to be included in the list of upper-tier Greek establishments communicated by the Greek authorities. Nevertheless, the Commission has requested further information to the Greek authorities, in particular with a view to get the information on major accidents referred to in Article 15 of the Directive 96/82/EC.

Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (IPPC) covers combustion installations with a rated thermal input exceeding 50 megawatt (MW) (point 1.1 in annex I). Under the assumption that the plant in question is an existing installation in the meaning of the Directive, e.g. an installation in operation or at least subject of a full request for authorisation before end October 1999, the Greek authorities have to ensure that it operates in accordance with the Directive's requirements by end October 2007 at the latest.

3. Under Article 8 (3) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste, Member States have to communicate to the Commission the list of undertakings recovering and disposing of hazardous waste (which includes sites where storage, pending subsequent disposal or recovery operations, takes place). The Commission has launched in September 1998 an infringement case against Greece for failure to communicate to the Commission all the undertakings managing hazardous waste in Greece. The case is already brought before the Court (case C-33/2001).

4. As regards the Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community(4) hereafter the shipment Regulation, as amended, no infringement cases have been launched against Greece under Article 226 of the EC Treaty. The Commission is not in possession of information proving that Greece is not fulfilling the procedural requirements of the Regulation. But the Commission is investigating two complaints against Greece. However, the primary subject of these cases is not the Shipment Regulation it is only a secondary element.

Should the Honourable Member have any information proving that Greece is failing to comply with the requirements of the Shipment Regulation, he is invited to communicate that to the Commission.

5. In April 2000, the Commission launched an infringement procedure against Greece for failure to comply with 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), in particular for failing to submit a summary of the inventory of equipment, a plan for disposal of such equipment and the guidelines for collection and disposal of non-inventoried equipment. In the frame of an exchange of correspondence, the Greek authorities communicated some information to the Commission. However, the latter considered that this information was not sufficient pursuant to the obligations laid down in the Directive. Therefore, the Commission has decided on 20 December 2001 to bring the matter before the Court.

6. Although the Greek authorities have communicated in July 2000 the National Management Plan for hazardous and non-hazardous waste, they have not taken the necessary measures to identify and record all sites where hazardous waste is tipped pursuant to Article 2 of Directive 91/689/EEC. On the basis of a complaint, the Commission has sent in December 2001 an additional letter of formal notice, in accordance with Article 226 of the EC Treaty, considering that Greece has failed to fulfil its obligations under Article 2 and 6 of the aforementioned Directive.

7. The Commission has launched an infringement procedure on October 2001 against Greece for failure to implement Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils, and in particular for failure to implement Articles 2, 3, 4, 5 and 11 pertaining to the collection and regeneration of waste oils.

(1) OJ L 183, 29.6.1989.

(2) OJ L 196, 26.7.1990, OJ L 138, 1.6.1999.

(3) OJ L 131, 5.5.1998.

(4) OJ L 30, 6.2.1993.