WRITTEN QUESTION E-3206/01

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

(22 November 2001)

Subject: Poliglás plastic gasification plant in Ribesalbes

In its answer to Written Question E-2153/01(1) the Commission stated that it was willing to open an investigation into the Ribesalbes Poliglás plant to determine whether the Spanish authorities had failed to comply with Directive 85/337/EEC(2) on environmental impact assessment. A few days after the question was sent, an environmental impact statement was published in the Official Gazette of the Valencian Generalitat (autonomous regional government). In addition to the fact that it appeared late and a strangely short time after the question was tabled, it might be the case that the statement is seriously wanting when measured against Directive 85/337/EEC.

Could the Commission determine whether the environmental impact statement published by the Valencian Government is in accordance with the requirements laid down by Community legislation?

Is it already in a position to fulfil the undertaking that it gave in the answer to Written Question E-2153/01 and express an opinion as to whether Directive 90/313/EEC(3) on access to environmental information has also been infringed in connection with the Poliglás plant?

On a separate point, the Commission reply did not deal properly with the matter of the plastics to be reprocessed at the Poliglás plant. According to Community and Spanish legislation, these plastics (packaging originating from the chemical and ceramics industries) are classed as hazardous waste because they previously contained other waste of that type. However, both the company and the Valencian Government consider them to be non-hazardous waste purely because they are washed before being incinerated. The Commission maintained that it did not have sufficient information on this subject.

Given that the Commission acts as guardian of the Treaties:

- Is it willing to investigate the situation regarding the plastics as described above?

- Does it believe that simply because they have been washed, the plastics no longer need to be considered hazardous, despite the fact that they have previously contained toxic substances?

- Does Community legislation have anything to say about the question whether the system referred to above is compatible with health protection and the right to safety?

(1) OJ C 81 E, 4.4.2002, p. 118.

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

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

Answer given by Mrs Wallström on behalf of the Commission

(25 January 2002)

The Commission thanks the Honourable Members for sending the environmental impact statement for the project referred to.

On the basis of this impact statement the Commission has asked the Spanish authorities to check whether the studies and recommendations mentioned in it have been implemented.

As regards whether in this case there has been a misapplication of Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment, the Commission would like to draw the Honourable Member's attention to the following.

In its answer to the Honourable Members' written question E-2153/01(1), the Commission said that solely on the basis of the information reported in the written question it was unable to establish whether the Spanish authorities had received a request for access to information to which they may have reacted in a way that might have been in breach of the Directive. The Commission does not in fact know if a request for information was sent, and if it was, what might have been its content, which authority might have been the intended recipient and what reply, if any, might have been given.

Should the authority which received a request for access have refused it in breach 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.

Lacking the information it would need to determine whether Directive 90/313/EEC has been disregarded, the Commission did not think this question could be mentioned in the request for information which it sent to the Spanish authorities subsequent to written question E-2153/01.

As regards the problems with plastics waste mentioned in the written questions, the Commission has asked to be advised of the measures taken by the competent authorities, in order to satisfy itself that the washing system is sufficient to reduce the quantities of dangerous residues present in the packaging to below the thresholds laid down in the hazardous waste legislation and consequently sufficient to remove the harmful characteristics of the packaging and guarantee that the plastics recovered (after washing) no longer constitute hazardous waste.

(1) OJ C 81 E, 4.4.2002, p. 118.