WRITTEN QUESTION E-0311/01

by Luigi Cesaro (PPE-DE) to the Commission

(13 February 2001)

Subject: Emergency caused by waste in Naples

For some days now eighty-one municipalities in the province of Naples, comprising one million inhabitants, have been involved in a major waste emergency. What has now became an environmental disaster was caused by the seizure, for safety reasons, of the Tufino dump in the Nola district, the only facility for disposing of 2 500 tonnes of waste every day. Refuse sacks lying in the streets, overflowing bins and the resulting stench clearly demonstrate the scale of the health and hygiene emergency.

The authority responsible for waste in Campania, which has been in an emergency situation for some time, has so far not produced positive results, in that the planned disposal plants have not been built, confirming and worsening Campania's role as the dustbin of Italy.

1. Since this environmental disaster threatens to jeopardise the population's right to health and environmental protection, can the Commission give its general opinion on the matter;

2. in view of the fact that until now European intervention in the sphere of waste has mainly taken the form of legislation, can it simultaneously support measures to raise awareness and exchanges of good practice in order to improve the situation with regard to waste in the province of Naples;

3. since the system of differentiated collection does not operate in most of the communes in the province nor even in the city of Naples, does the Commission not consider this to be in conflict with the European directives on the collection and recycling of waste;

4. since Order No 3100 of the Ministry of the Interior, published in the Official Gazette of 4 January 2001, transfers all powers for the management of solid urban waste from mayors to the Government ministerial representative, making provision, where necessary, for the creation of special commissioners with executive powers, does the Commission not consider that such a provision clearly conflicts with the principle of subsidiarity;

5. finally, in view of the fact that in the Campania region, as in the rest of Italy, almost 50 % of the waste produced bypasses the lawful market every year and supplies the parallel market managed by the eco-Mafia, can the Commission suggest the most appropriate strategy for tackling the problem?

Answer given by Mrs Wallström on behalf of the Commission

(4 April 2001)

Under Council Directive 75/442/EEC of 15 July 1975(1) as amended by Council Directive 91/156/EEC of 18 March 1991 on waste(2) Member States have the obligation to ensure that waste is disposed of or recovered without endangering human health and without harming the environment. The Directive further obliges Member States to establish an integrated and adequate network of disposal installations. To achieve these objectives waste management

plans are to be drawn up relating in particular to the type, quantity and origin of waste, general technical requirements, any special arrangements for particular wastes and suitable disposal sites or installations.

According to the information made available to the Commission, the Campania region adopted a new waste management plan in the year 1997. An objective of 35 % separate collection to be achieved by 1999 was set, but apparently this was not achieved. The Commission is very concerned about this situation.

Aside from proposing legislative measures, the Commission has taken several measures to raise awareness and exchanges of good practice. In the framework of the LIFE Programme, innovative projects for the improvement of separate collection and recycling of waste can be funded. Several specific workshops in order to exchange information on best practices were organized, including a workshop in Sorrento in 1996 dedicated mostly to the situation in Campania. The Commission published a manual on good practices in the field of separate collection and composting(3), destined especially for the south of Europe, where composting has very high potentials. In this context, a very useful manual has also been produced by the Italian National Agency for the Protection of the Environment(4).

Separate collection is required at present for waste oils according to Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils(5), for packaging waste to the extent that the targets of Directive 94/62/EC of the Parliament and of the Council of 20 December 1994, on packaging and packaging waste(6) are to be achieved and for batteries covered by Council Directive 91/157/EEC of 18 March 1991, on batteries and accumulators containing certain dangerous substances(7). Separate collection is also one of the objectives of the Commission proposal for waste from electrical and electronic equipment(8) as well as of the initiative, currently under preparation by the Commission, on biodegradable waste.

The lack of separate collection schemes for packaging, oils and batteries may therefore lead to obligations of Community legislation not being complied with.

Community legislation requires Member States to designate competent authorities for the implementation of its provisions. It is however up to the Member States to decide how to organise this. Therefore the Commission is not competent for taking a position on the allocation of competences within Member States.

Community legislation gives Member States the instruments to tackle the problem of illegal treatment of waste. It is however necessary that Member States implement the legislation not only by transposing it into national legislation but also by strictly monitoring its application in practice.

(1) OJ L 194, 25.7.1975.

(2) OJ L 78, 26.3.1991.

(3) Commissione europea, Esempi di successo sul compostaggio e la raccolta differenziata, 2000.

(4) ANPA: La raccolta differenziata, aspetti progettuali e gestionali, 1999.

(5) OJ L 194, 25.7.1975.

(6) OJ L 365, 31.12.1994.

(7) OJ L 78, 26.3.1991.

(8) OJ C 365 E, 19.12.2000.