WRITTEN QUESTION E-2022/98

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

(30 June 1998)

Subject: Construction of a plant for the transfer of solid urban waste in Quel (La Rioja, Spain)

The construction of a plant for the transfer of solid urban waste has created a climate of alarm and opposition among the majority of the inhabitants of Quel (La Rioja, Spain), who have launched a campaign against the proposed location for this plant; some of those involved have been subjected to threats. According to the plan, this plant would be located above the town (in the "Hoya Ancha"), at a distance of 500 metres. At no stage was the town council of Quel informed concerning the process of adoption of the waste disposal plan for La Rioja, and the local community was totally unaware of the plans to install the plant. The plan for the plant is characterized by a number of irregularities, in respect of its publication, of the location of the site (the law lays down a distance of at least 2000 metres), and of the characteristics of the site (it would be built on private rural land not suitable for development, whereas it should be built on public land). The project takes no account of the risk of contamination of watercourses, nor of the problem of the cleaning and maintenance of the proposed deposits for the liquid waste.

In addition, a poultry farm is located 400 metres away, while less than 300 metres away is a "PG8" vulture colony which has been given protected status by the Ministry of the Environment.

This project would be disastrous in terms of hydrological, acoustic and olfactory standards, and would also be calamitous for economic and agricultural development in the area

1. Is the Commission aware of this grave situation?

2. What representations does the Commission intend to make to the Spanish authorities to ensure compliance with Community environmental law, and, in particular, the following directives: a) Directive 91/156/EEC(1) on waste; b) Directive 94/62/EEC(2) on packaging and packaging waste; c) Directive 90/313/EEC(3) on freedom of information on environmental matters; and d) Directive 92/43/EEC(4) on conservation of natural habitats and of wild fauna and flora?

3. Should the project be implemented, what action does the Commission intend to take to ensure that the authorities concerned make a rigorous study of the project setting out its environmental implications, pursuant to Directive 85/337/EEC(5) on the assessment of the effects of certain public and private projects on the environment?

Answer given by Mrs Bjerregaard on behalf of the Commission

(30 July 1998)

1. The Commission was not aware of the facts mentioned by the Honourable Members.

2. The Commission will make the necessary contacts in order to obtain precise details concerning those facts and to satisfy itself that the Community environmental laws applying are fully obeyed in this instance.

Under Article 3 of Council Directive 90/313/EEC of 7 June 1990 on freedom of access to information on the environment,(6) public authorities bearing responsibility for and being in possession of information on the environment must make such information available to any natural or legal person so requesting without that person being required to demonstrate an interest. The public authority concerned must reply to the person concerned as quickly as possible and at the latest, within two months. Any refusal to pass on the information requested must be justified. On the basis of the information provided by the Honourable Member the Commission is unable to establish whether Directive 90/313/EEC applies in this instance. It does not emerge from the facts quoted that the public authorities improperly refused access to environmental information after being requested to provide such information.

3. Article 2 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment,(7) provides that projects likely to have a significant impact of the environment must be subjected to an assessment of their impact before any authorisation is granted. That provision applies to the projects listed in Annexes I and II to the Directive.

Annex II, item 11(c) refers to disposal facilities for industrial waste and household refuse. Under Article 4.2 projects falling within the classes listed in Annex II shall be subjected to an assessment in accordance with Articles 5-10 where the Member State concerned feels that their characteristics so require.

As part of the contacts referred to above the Commission will ask for information on the application of Directive 85/337/EEC to the case in question.

(1) OJ L 78, 26.3.1991, p. 32.

(2) OJ L 365, 31.12.1994, p. 10.

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

(4) OJ L 206, 22.7.1992, p. 7.

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

(6) OJ L 158, 23.6.1990.

(7) OJ L 175, 5.7.1985.