WRITTEN QUESTION E-3282/01

by Laura González Álvarez (GUE/NGL) to the Commission

(27 November 2001)

Subject: Environmental pollution in San Claudio (Oviedo Asturias, Spain)

The San Claudio Aire Limpio environmental association (Amascal) has lodged complaints with various authorities in the Spanish region of Asturias concerning the air and soil pollution produced by the Indasa company, which is based in San Claudio, in the district of Oviedo (Asturias, Spain). In its smelting furnace the company uses scrap metal, paint waste, ink and lubricating oils, all of which are regarded as hazardous waste products. The air and soil pollution from heavy metals (lead, cadmium, etc.) which the company generates in a location only 300 metres from the town centre (and thus in breach of Spanish law, which requires such industries to be at least 2000 metres away from inhabited areas) makes the local population fear for their health and for the future of the area in which they live.

In 1966 the European Union's predecessor adopted a framework directive intended to improve air quality and there are also Community laws laying down emission ceilings for each Member State. Furthermore,

as regards waste, Directive 75/442/EEC(1), which establishes the basic principles relating to the collection, disposal, re-use and treatment of waste, has been supplemented by Directive 78/319/EEC(2) on the elimination of toxic and dangerous waste.

In the case in question the following Directives could be applicable:

- Directive 1999/30/EEC(3) on the limit values for sulphur dioxide, nitrogen dioxide, particulate matter and lead in ambient air;

- Directive 82/884/EEC(4) and the amendments thereto, on a limit value for lead in air;

- Directive 88/609/EEC(5) and the amendments thereto, on the limitation of emissions of certain pollutants into the air from large combustion plants;

- Directive 96/62/EC(6) on ambient air quality assessment and management.

What action is the Commission intending to take in the case under consideration in order to ensure that current Community legislation is properly applied?

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

(2) OJ L 84, 31.3.1978, p. 43.

(3) OJ L 163, 29.6.1999, p. 41.

(4) OJ L 378, 31.12.1982, p. 15.

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

(6) OJ L 296, 21.11.1996, p. 55.

Supplementary answergiven by Mrs Wallström on behalf of the Commission

(3 June 2002)

The Spanish authorities (region of Asturias and district of Oviedo) have sent in their comments and information in reply to the letter from the Commission relating to the activities of the Indasa company and the application of Community environmental role to the case in point.

It emerges from an examination of the information supplied that Indasa obtained authorisation from the district of Oviedo to carry out industrial smelting activities for the recycling of aluminium. This authorisation is conditional on compliance with various requirements and was obtained following various administrative procedures.

The Spanish authorities indicate that, following complaints from the local population and inspections carried out, it has been discovered that the activities of the company in question do not correspond precisely with the authorisation granted. The Spanish authorities indicate that the district of Oviedo has required adoption of a series of measures by the company and that the latter is in the process of taking the necessary steps to bring its activities into line with the regulations in force concerning emissions into the air.

In addition, it should be specified that the question of the distance between the plant in question and inhabited areas is the responsibility of the national authorities and is not governed by Community law.

With regard to the application of Council Directive 96/61/EC of 24 September 1996 on integrated pollution prevention and control(1), it should be noted that while this plant is covered by Annex I, point 2.5 of the Directive, Article 5 of the Directive provides for transitional arrangements for existing plants.

At all events, as guardian of the Treaties, the Commission will be taking any steps necessary to ensure that Community law is complied with.

(1) OJ L 257, 10.10.1996.