WRITTEN QUESTION E-0322/00

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

(11 February 2000)

Subject: Irregularities at the Las Cárvacas rubbish dump in Madrid

In response to Petition No 288/97 which was submitted to the European Parliament by the Plataforma Cívica y Ecológica de la Casa de Campo de Valdebebas, the Commission opened infringement procedure A-98/2162 against Spain for its failure to comply with Directive 75/442/EEC(1) on waste, as amended by Council Directive 91/156/EEC(2). By means of a decree dated 27 March 1998 the Madrid city authorities ordered Vertederos del Norte S.L. to close the illegal and unauthorised rubbish dump at La Dehesa, in the Las Cárvacas district of Madrid, and instructed the company to clean up the site.

Furthermore, the Madrid Regional Directorate-General for Environmental Quality and Assessment ordered the Madrid city authorities to instruct the company to undertake 14 specific projects to seal the dump and clean up the site, including the planting of trees and other forms of vegetation. Despite the issue of such an order the company did not apply any of the remedial measures, for which reason a further instruction was issued on 14 January 1999, ordering the site to be sealed off.

On 30 July 1999 the above-mentioned Directorate-General approved the sealing-off and cleansing project submitted by Vertederos del Norte S.L., which was to be carried out within an eight-month period starting on the date on which the work began. However, no cleaning-up work has so far been undertaken and the rubbish dump is in the same state as it was when it was instructed to close.

Can the Commission say what stage has been reached in infringement procedure A-98/2162 against Spain? What are the expected dates for the start and the finish of the project to seal off and clean up the rubbish dump? Could the Commission arrange for the project to be speeded up? Why are the Spanish authorities responsible refusing to notify the Plataforma Cívica (which launched the petition) regarding the progress of the project?

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

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

Answer given by Mrs Wallström on behalf of the Commission

(16 March 2000)

Following several complaints concerning illegal rubbish dumps, including that at Las Cárcavas, the Commission has decided to bring an infringement action against Spain. As part of this it delivered a reasoned opinion as a result of the failure to comply with Council Directive 75/442/EEC of 15 July 1975 on waste in connection with, among other things, the illegal dump at Las Cárcavas.

The Commission is not aware of the reasons given by the Spanish authorities justifying the refusal to pass on information concerning the progress made by this project. In any case, Article 4 of Council Directive 90/313/EEC of 7 June 1990(1), on the freedom of access to information on the environment provides that a person who considers that his request for information has been unreasonably refused or ignored, or has been inadequately answered by a public authority, may seek a judicial or administrative review of the decision in accordance with the relevant national legal system.

(1) OJ L 158, 23.6.1990.