WRITTEN QUESTION E-1359/01

by Laura González Álvarez (GUE/NGL) to the Commission

(7 May 2001)

Subject: Health and environmental problems (Mugardos, La Coruña, Spain)

The firm Forestal del Atlántico SA, located in the municipality of Mugardos (La Coruña, Spain) has been causing serious problems for the health of residents and damage to the environment for many years. Atmospheric emissions from the firm concerned are causing irritation to the eyes and nose and extremely unpleasant smells, thus harming both

the public and their environment. Furthermore, the activities carried out by the firm produce a high level of noise pollution and solid and liquid waste which pollutes the surrounding land.

A gas plant is now to be built a short distance away from a population centre and less than 1500 metres away from the town of Mugardos. An area of 90 000 m2 along the Ferrol estuary has already been cleared and filled in in preparation for the project.

Can the Commission guarantee that the activities of the above firm do not pose a risk either to health or the environment and that the following directives are being correctly applied in this case:

- Directive 91/156/EEC(1), amending Directive 75/442/EEC(2) on waste;

- Directive 85/337/EEC(3) on the assessment of the effects of certain projects on the environment;

- Directive 80/68/EEC(4) on the protection of groundwater against pollution caused by certain dangerous substances;

- Directive 96/82/EC(5) on the control of major-accident hazards involving dangerous substances;

- Directive 75/439/EEC(6) on waste oils, and

- Directive 90/313/EEC(7) on access to information on the environment?

Can the Commission keep me informed of what action it intends to take on this matter?

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

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

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

(4) OJ L 20, 26.1.1980, p. 43.

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

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

(7) OJ L 158, 23.6.1990, p. 56.

Joint answer to Written Questions E-1310/01, E-1359/01 and E-1379/01 given by Mrs Wallström on behalf of the Commission

(5 July 2001)

The Commission was unaware of the situation described by the Honourable Members regarding the Forestal Atlántico SA plant, or the plan to set up a regasification plant, and the proposed siting of the plant in the same district as the first, namely Mugardos, (Galicia).

Council Directive 85/337/EEC of 27 June 1985 on the assessment of certain public and private projects on the environment(1) as amended by Council Directive 97/11/EC of 3 March 1997(2) would appear, at first sight, to be applicable to this case.

Two conditions must be fulfilled simultaneously in order for Council Directive 96/82/EC of 16 December 1996 on the control of major-accident hazards involving dangerous substances(3) (hereafter referred to as the Seveso Directive) to be applicable:

- the quantities of dangerous substances present in the establishment should exceed the limits set in Annex I to the Directive. The Annex sets two thresholds, a lower limit and an upper limit. If the quantity of the dangerous substance is less than the lower limit, the Seveso Directive does not apply. If the quantity of the dangerous substance is between the upper and the lower limits, then selected provisions of the Directive are applicable. If the quantity exceeds the upper limit, then all the Directive provisions are applicable. The lower limit for natural gas, for example, is 50 tonnes, and the upper limit 200 tonnes;

- the plant should not be in one of the excluded sectors listed in Article 4. It should be noted that the transport and intermediate temporary storage of dangerous materials, in ports for instance, are not covered by the Seveso Directive.

As regards compliance with Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control(4), the Commission is already aware that there are problems with its implementation in Spain, and has accordingly initiated infringement proceedings against Spain on the grounds of failure to transpose the Directive in due time.

Apart from this, the Commission has no reason to suppose that the Spanish authorities would not comply with current Community environmental protection legislation when authorising the plan in question.

The Commission will request further information from the Spanish authorities on this plan and on issues relating to the existing plant.

As guardian of the Treaties, the Commission will take whatever steps are needed to ensure that Community law is respected in all the cases in point.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.

(3) OJ L 10, 14.1.1997.

(4) OJ L 257, 10.10.1996.