WRITTEN QUESTION E-0304/02

by Laura González Álvarez (GUE/NGL)and Pedro Marset Campos (GUE/NGL) to the Commission

(11 February 2002)

Subject: Toxic cloud in Cartagena (Spain)

Cartagena (Spain) and its surroundings have suffered for many years from a high level of air pollution. Cartagena is, in fact, one of the most polluted cities in Spain.

On Saturday 27th, an enormous cloud of apparently toxic matter was produced by the explosion of several tonnes of chemical fertiliser composed of nitrogen, phosphorus and potassium stored in a silo belonging to the Fertiberia company, in a petrochemical complex on the outskirts of the city. The cloud affected some 6 000 people living nearby, and also spread to some parts of the city itself. Two of the firemen involved in extinguishing the blaze had to be taken to hospital as a result of skin rashes caused by the pollution. Furthermore, those affected by the cloud have complained about the tardiness with which the authorities took the requisite emergency measures.

Is the Commission aware of this?

Do the products of the Fertiberia company fall within the scope of Directive 84/360/EEC(1) on the combating of air pollution from industrial plants?

What action can the Commission take vis-à-vis the appropriate authorities to ensure that the latter guarantee that the air quality limit values established by Directive 80/779/EEC(2), and the air quality standards for nitrogen dioxide (Directive 85/203/EEC(3)) are respected?

What measures does the Commission suggest should be taken to prevent any recurrence of this type of accident?

(1) OJ L 188, 16.7.1984, p. 20.

(2) OJ L 229, 30.8.1980, p. 30.

(3) OJ L 87, 27.3.1985, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(3 April 2002)

The Spanish authorities informed the Commission about the accident at the Fertiberia fertiliser production plant in Cartagena, Murcia, on Wednesday 30 January 2002, thereby strictly complying with Article 15(1) of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances(1), also known as the Seveso Directive, which was transposed into Spanish law by Royal Decree 1254/1999.

Article 15(1) states that Member States shall inform the Commission as soon as practicable of major accidents which have occurred within their territory as soon as such accidents meet certain severity criteria laid down in the Directive.

Fertiberia is part of a group of establishments covered by the Seveso Directive, the aim of which is to prevent major accidents involving dangerous substances and to limit their effects on people and the environment.

All the provisions of Directive 96/82/EC apply to Fertiberia.

In particular, the firms must produce a safety report which, inter alia, must:

- demonstrate that major-accident hazards have been identified and that the necessary measures have been taken to prevent such accidents and to limit their consequences for people and the environment;

- demonstrate that adequate safety and reliability have been incorporated into the design, construction, operation and maintenance of any installation, storage facility, equipment and infrastructure connected with its operation which are linked to major-accident hazards inside the establishment.

It should be noted that Directive 96/82/EC contains other requirements, such as making the safety report available to the public and drawing up internal and external emergency plans. Article 18 of the Directive also calls on the competent authorities to organise a system of inspections or other measures appropriate to the type of establishment concerned.

It should also be pointed out that Article 14(1)(c) of the Directive requires firms to inform the competent authorities of the steps envisaged to alleviate the medium- and long-term effects of the accident and to prevent any recurrence of such an accident.

The Commission therefore believes that accident risks and their consequences can be substantially reduced if firms strictly apply Directive 96/82/EC and the competent authorities carry out appropriate monitoring.

The installation in question has, according to the information available to the Commission, been in operation since 1969. It can be considered to be a plant for the manufacture of basic inorganic chemicals as referred to in Annex I to Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants. According to that Directive, the operation of the installation is subject to prior authorisation.

For plants already authorised or in operation before the 1 July 1987, Member States have to implement policies and strategies for their gradual adaptation to the best available technology, taking into account, inter alia, the remaining lifetime of the plant, the nature and volume of the polluting emissions and the desirability of not entailing excessive costs for the plant concerned.

Directive 84/360/EEC will be repealed by the end of October 2007. However, chemical installations for the production of basic inorganic chemicals are also covered by Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control(2) (see annex I, point 4.2). For the Fertiberia installation, the competent authority has to ensure that it operates in accordance with the requirements of the Directive by the end October 2007 at the latest. Under the Directive, the installation must be operated in such a way that all appropriate preventive measures against pollution are taken, no significant pollution is caused, waste production is controlled, energy is used efficiently, accidents are prevented and the site is returned to a satisfactory state upon cessation of the activity. An integrated permit is required, with permit conditions based on best available techniques, taking into account the technical characteristics of the installation, its geographical location and the local environmental conditions.

It should be noted that under both Directives it is up to the competent authority to prescribe binding emission limit values in the individual permit.

An information exchange, organised by the Commission, to determine the best available techniques for the fertiliser industry started in October 2001. A final reference document should be ready within two years.

As regards Council Directives 80/779/EC of 15 July 1980 on air quality limit values and guide values for sulphur dioxide and suspended particulates and 85/203/EEC of 7 March 1985 on air quality standards for nitrogen dioxide, Member

States are required to take appropriate measures to ensure that the limit values are met, and to draw up action plans for the progressive improvement in air quality in those areas where the limit values can be expected to be exceeded. They must also inform the Commission whenever the limit values are exceeded. It should be noted, however, that these directives are primarily aimed at limiting pollution from routine emission sources rather than to reduce the risk of accidental release.

(1) OJ L 10, 14.1.1997.

(2) OJ L 257, 10.10.1996.