WRITTEN QUESTION E-3153/02

by Hélène Flautre (Verts/ALE), Bart Staes (Verts/ALE) and Jan Dhaene (Verts/ALE) to the Commission

(5 November 2002)

Subject: Cross border PCB contamination

Among the results of a large biomonitoring network, the Flemish Regional Government found dangerous PCB values in the measurement points in Menin during the 2002 measurement campaign. The biomonitoring project focuses on the most toxic forms of PCB, namely PCB 126.

The measurement points along the Leie, a local river, show persistent high levels of PCB 126 contamination, with levels up to 45 pg TEQ per square metre and per day. The source of the PCB contamination is currently not clear. The Flemish Government assumes that the origin lies on French territory, as Menin lies next to the French border.

Although the Flemish Government informed the French Government in order to find a constructive joint solution to this problem of trans-frontier pollution, this case shows that Directive 96/59/EG(1) on PCBs and PCTs has not been properly implemented.

How many civil servants work within the European Commission's DG Environment on the implementation of Directive 96/59/EG on PCBs and PCTs? Is the number of experts sufficient to monitor such implementation?

Do France and Belgium supply the European Commission with sufficient data for a thorough monitoring of the Directive referred to above? What is the situation in the other Member States?

Does the Commission provide aid in the event of cross-border contamination with PCBs and encourage Member States to solve jointly problems such as these?

(1) OJ L 243, 24.9.1996, p. 35.

Answer given by Mrs Wallström on behalf of the Commission

(29 January 2003)

The work on the implementation of Council Directive 96/59/ECC of 16 September 1996 on the disposal of PCBs and PCTs is co-ordinated by two officials in the Directorate-General who, in addition to that Directive, are also responsible for other Community environmental legislation. Furthermore, desk-officers responsible for the implementation of Community environmental legislation in each Member State are involved in the preparation and follow-up of infringement proceedings regarding this Directive as well as other legislation. In answer to the Honourable Member's question about the adequacy of available resources the Commission would confirm that pursuant to Article 211 of the EC Treaty implementation of Community legislation is a priority for the Commission. Within its limited resources the Commission is looking to reinforce staff devoted to implementation.

France and Belgium did not supply within the prescribed period all the information required under the provisions of Directive 96/59/EC. France was condemned by the Court in 2002 and the Commission decided in December 2002 to initiate a second round of legal proceedings against France, under Article 228 of the EC Treaty, for failing to comply with the Court ruling. Following a reasoned opinion, Belgium submitted information, which is currently being examined in relation to the legal requirements.

In 2000, the Commission initiated infringement proceedings pursuant to Article 226 of the EC Treaty by the sending of letters of formal notice to all 15 Member States for not submitting the information required under the provisions of Directive 96/59/EC. Apart from France, also Spain, Italy and Luxembourg were condemned by the Court in 2002. Cases are currently going on before the Court against Germany, Greece and Portugal. The cases against the remaining Member States have either been closed or are currently being examined.

Decontamination of sites is not among the actions, which are generally funded by the Commission. Nevertheless, the Commission encourages and supports any co-operation between Member States to exchange information and jointly prevent or if not possible solve these cross-border contamination episodes.