EN Official Journal of the European Union CE 78/490

(2004/C 78 E/0512)

WRITTEN QUESTION E-3216/03

by Antonios Trakatellis (PPE-DE) to the Commission

(31 October 2003)

Subject: Disposal of hazardous waste in Greece and infringement of environmental legislation

In reply to my question (P-2724/03 (1)) Commissioner Wallström indicated that an annual amount of 392 539 tonnes of hazardous waste was produced in Greece. She also indicated that the Commission did not know where the disposal sites were located. This gives rise to legitimate concerns as to where these hazardous wastes, which are put into temporary storage, are in fact disposed of, given that the accumulated quantities must total over one million tonnes.

1. Which authorities are responsible for issuing permits for the collection, transport and interim storage of hazardous wastes, how many authorisations were issued and for what amounts?

2. Have centres been set up for the interim storage, processing, treatment and final disposal of hazardous wastes in accordance with Directive 75/442/EEC (2)?

3. Where are hazardous wastes finally disposed of following interim storage and what measures are being taken to comply with the ban on mixing different categories of hazardous waste or mixing hazardous and non-hazardous waste — in accordance with Directive 91/689/EEC (3), given that Greece does not have suitable centres for the processing or disposal of hazardous wastes?

4. What steps will the Commission take as guardian of the Treaties and secondary legislation to ensure compliance with Community legislation? How can it monitor disposal sites intended for non-hazardous waste and verify the information provided by the Greek authorities in the light of constant allegations in the Greek press regarding the unsupervised disposal of waste?

Answer given by Mrs Wallström on behalf of the Commission

(17 December 2003)

Further to the reply to the Honourable Member's written question P-2724/03 (4), the Commission would like to draw the attention of the Honourable Member to the following:

1. According to the information provided by the Greek Authorities to the Commission in the context of reporting under Council Directive 75/442/EEC of 15 July 1975 on waste, the competent authorities designated for issuing permits for disposal and recovery operations exist at national prefectural level. The questionnaire established for this reporting does not require that the competent authorities for hazardous waste be detailed. According to the information, sent by the Greek Authorities to the Commission pursuant to Article 8(3) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (5), one installation holds a permit for the processing of 12 000 tonnes per annum (t/a) of waste under Recovery Operation (6) R 13 and one installation holds a permit for Disposal Operation D 15 (20 t/a). The Commission has no information on how many permits were issued for the collection and transport of hazardous wastes.

2. Assessment of the information provided by the Greek Authorities in December 2002 for the year 2000, shows that approximately 230 000 tonnes are temporarily stored at the sites where they are produced, with a view to their disposal or recovery. The Greek Authorities underline that constant state control is applied to ensure that public health and the environment are fully protected.

3. The Commission holds no information on the final location for the disposal or recovery of hazardous waste currently temporarily stored. Greek legislation on hazardous waste, i.e. Common Ministerial Decision 19396/1546/1997, establishes a number of specific measures for the management of hazardous waste. In particular, it explicitly requires that establishments and undertakings which dispose of, recover, collect or transport hazardous waste, do not mix different categories of hazardous waste or mix hazardous waste with non-hazardous waste. Furthermore, the Greek Authorities have confirmed that management conditions for preliminary storage at the place of production preclude mixing of the waste with other waste (hazardous or non-hazardous).

4. As the Commission received only incomplete information about the measures taken by the Greek Government to comply with the Court judgement of 13 June 2002 (7), it took the view that Greece has failed to fulfil its obligations under Article 228(1) of the EC Treaty and addressed a letter of formal notice, in accordance with Article 228(2) of the EC Treaty. In that context, the Commission will investigate any information which gives reason to assume that Greece does not apply Community legislation properly.

(1) OJ C 70 E, 20.3.2004, p. 132.

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

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

(4) OJ C 70 E, 20.3.2004, p. 132.

(5) OJ L 377, 31.12.1991.

(6) Pursuant to Annex II of Directive 75/442/EEC.

(7) Judgement of 13.6.2002, Commission/Greece, case C-33/01, ECJ Reports p. 5 447.