WRITTEN QUESTION E-1996/03

by Mihail Papayannakis (GUE/NGL) to the Commission

(16 June 2003)

Subject: Waste water treatment plant at Rafina

As complaints from local organisations illustrate, the construction of a drainage system and waste water treatment plant in the area of northern Messoghion is proving to be a complex project which will have a negative environmental impact during construction and operation alike.

In particular:

- the specifications in respect of treated waste water from the Rafina plant do not include as required by Directive 91/271/EEC(1) amended by Directive 98/15/EC(2) the measurement and monitoring of the COD indicator for treated waste water, and the measurement and monitoring of pathogenic micro-organisms in accordance with Directive 76/160/EEC(3) on the quality of bathing water;

- the assessments of pollutant and pathogenic substances in the sea at the discharge point are based on half the volume of water discharged from the Rafina plant owing to a mistake in the mathematical simulation which meant that the mass factor was not correctly calculated;

- the environmental impact assessment makes no reference to the quantity of sludge or other solid waste produced, the landfill sites for which it is destined and the means of transportation thereto, or the environmental effects of the method of waste management. Likewise, there is no mention of the environmental impact of managing a large number of chemical primaries or their by-products;

- there is also failure to observe the measures for checking and monitoring the presence of heavy metals and toxic substances arising from the discharging of untreated industrial effluent through a central conduit at the Rafina plant, and

- there is no reference to how great a volume of waste water undergoing secondary treatment is also subject to tertiary treatment and disinfection.

Can the Commission investigate the matter and examine whether, in fact, the environmental impact assessment concerned is riddled with defects and technically unfeasible and whether all the other measures have been duly taken to implement Community environment legislation correctly? What measures will the Commission take if it identifies infringements of Community environment legislation such as those referred to above?

(1) OJ L 135, 30.5.1991, p. 40.

(2) OJ L 67, 7.3.1998, p. 29.

(3) OJ L 31, 5.2.1976, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(31 July 2003)

Directive 85/337/EEC(1), as amended by Directive 97/11/EC(2), requires the Member States to adopt all measures necessary to 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. The projects covered by the Directive are defined in Article 4 by reference to Annexes I and II to the Directive.

Waste water treatment plants with a capacity exceeding 150 000 population equivalent are item 13 in Annex I to the Directive. An environmental impact assessment is required for projects listed in Annex I.

Projects to construct waste-water treatment plants not included in Annex I are item 11(c) in Annex II to the Directive. For projects listed in Annex II, it is for the Member States to determine, through a case-by-case examination or thresholds or criteria, whether the project is to be made subject to an assessment. The Greek legislation transposing the Directive requires an environmental impact assessment for this type of project.

On the basis of the Honourable Member's allegations, the Commission will examine whether the Greek authorities have complied with the obligations imposed by Directive 85/337/EEC. If the Commission finds any breach of Community provisions, it will take appropriate measures to ensure compliance with Community environmental legislation.

The Commission invites the Honourable Member to send it all the information in his possession in order to facilitate its investigation.

(1) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, OJ L 175, 5.7.1985.

(2) Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, OJ L 73, 14.3.1997.