WRITTEN QUESTION E-2153/01

by Francisca Sauquillo Pérez del Arco (PSE) and María Sornosa Martínez (PSE) to the Commission

(18 July 2001)

Subject: Poligás plastic gasification plant in Ribesalbes (Valencian Community)

The Poligás plant, which converts incinerated plastics into gas, has recently been set up in the town of Ribesalbes, Castellón province, and come into operation in the face of strong opposition from local residents and environmentalist groups.

The public have specifically been protesting, among other things, at the fact that:

- No environmental impact assessment has been carried out. The Valencian Government has merely issued an environmental impact statement, but this was alarmingly sketchy because, for example, it completely failed to mention heavy metals, dioxins, and furans.

- Although it was displayed for inspection, the business plan was not publicised. The public therefore did not learn of its existence and could not make any kind of case against the plant.

- The plant is situated too close to the main residential area and consequently poses health risks (highly toxic gas emissions, contamination of waters, acid rain, etc.).

- The waste plastics are not being properly stored (the drums have been obtained from other plants and previously contained hazardous substances).

In the light of Directive 84/360/EEC on the combating of air pollution from industrial plants(1), Directive 88/609/EEC on the limitation of emissions of certain pollutants into the air from large combustion plants(2), Directive 2000/76/EC on the incineration of waste (and in particular Article 12 on public participation)(3), Directive 90/313/EEC on the freedom of access to information on the environment(4), Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment(5), and the various regulations on protection of waters, and bearing in mind both the widespread public opposition to the plant and the fact that the Commission has the role of upholding Community legislation:

- Would the Commission be willing to check whether the Ribesalbes plant is operating in accordance with emission limits, the criteria governing storage of hazardous substances, and the requirements laid down in Community legislation regarding the cleanliness of waters?

- Could it determine whether the plant was approved in accordance with Directive 85/337/EEC on environmental impact assessment and whether proper access to the necessary information was afforded at the time, as required by the relevant Community legislation?

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

(2) OJ L 336, 7.12.1988, p. 1.

(3) OJ L 332, 28.12.2000, p. 91.

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

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

Answer given by Mrs Wallström on behalf of the Commission

(27 September 2001)

The Commission was not aware of the situation reported by the Honourable Members.

On the basis of the information given, the Commission is unable to comment on any possible misapplication of Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants(1).

With regard to Council Directive 88/609/EEC of 24 November 1988 on the limitation of emissions of certain pollutants into the air from large combustion plants(2), the information supplied by the Honourable Members in their written question does not indicate that the Directive is applicable in this particular case. The Directive only applies to combustion plants the rated thermal input of which is equal to or greater than 50 megawatts.

The provisions of Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste(3) are applicable as from 28 December 2005 to existing installations and from 28 December 2002 to new installations.

Article 3 of Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment(4) stipulates that the public authorities are required to make available information relating to the environment to any natural or legal person at his request and without his having to prove an interest.

Paragraph 4 of the said Article stipulates that the public authority must respond to a person requesting information as soon as possible and at the latest within two months. The reasons for a refusal to provide the information requested must be given, and must be based on one of the exceptions laid down in Article 3(2) and (3).

The Commission is unable, solely on the basis of the information reported by the Honourable Members, to establish whether the Spanish authorities have received a request for access to information to which they may have failed to react appropriately, possibly in breach of the provisions of the Directive.

Should the authority which received a request for access have refused it in breach of the provisions of the Directive, it would be for the person who made the request to seek a review as provided for both in Article 4 of the Directive and in the Spanish legislation transposing it.

The information supplied by the Honourable Members does not enable the Commission to determine whether Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(5) has been disregarded.

Accordingly, the Commission will shortly be sending the Spanish authorities a request for information on the reported situation so that it may check that the relevant Community legislation has been properly applied.

(1) OJ L 188, 16.7.1984.

(2) OJ L 336, 7.12.1988.

(3) OJ L 332, 28.12.2000.

(4) OJ L 158, 23.6.1990.

(5) OJ L 175, 5.7.1985.