WRITTEN QUESTION E-2298/02

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

(25 July 2002)

Subject: Aggregate grinding plant in the industrial zone of Entrevias (Tarragon, Spain)

The company Cementos Esfera S.A. has set up an aggregate grinding plant for the manufacture of cement in the industrial zone of Entrevias (Tarragon, Spain), a densely populated area, where there are two nursery schools and a number of State schools, and barely 300 metres from housing. A petition bearing more than 16 000 signatures opposes the plant's location on the planned site (with a licence for 240 000 tonnes/year and a production capacity of 1 100 000 tonnes/year) in view of potential pollution and damage to health.

Does the Commission already know about the plant?

Can the Commission say whether the following directives have been implemented in this case:

- 85/337/EEC(1), amended by Directive 97/11/EEC(2) on the assessment of the effects of certain public and private projects on the environment;

- 88/609/EEC(3) on the limitation of emissions of certain pollutants into the air from large combustion plants;

- 96/61/EC(4) concerning integrated pollution prevention and control;

- 90/313/EEC(5) on the freedom of access to information on the environment?

In its role as guardian of the Treaties, what steps will the Commission take to ensure compliance with Community law in this particular case?

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

(2) OJ L 73, 14.3.1997, p. 5.

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

(4) OJ L 257, 10.10.1996, p. 26.

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

Answer given by Mrs Wallström on behalf of the Commission

(20 September 2002)

The Commission is not aware of the facts mentioned by the Honourable Member in this written question.

As regards the implementation of Council Directive 85/337/EEC of 27 June 1985, as amended by Council Directive 97/11/EC of 3 March 1997, on the assessment of the effects of certain public and private projects on the environment, this type of project has not been included in the Annexes to the Directive. Installations for the manufacture of cement are, however, mentioned in Annex II, point 5(b). An impact assessment may be necessary for such installations if they are likely to have significant environmental effects.

As regards Council Directive 88/609/EEC of 24 November 1988 on the limitation of emissions of certain pollutants into the air from large combustion plants, this type of installation is not covered by the Directive.

With regard to Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control, this Directive does not apply to the case at issue either.

On the other hand, Article 3(1) of Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment provides that, save as provided in that Article, Member States must ensure that 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.

Article 3(4) of the same Directive says that a 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.

However, Article 4 of this Directive states that a person who considers that his request for information has been unreasonably refused or ignored, or has been inadequately answered by a public authority, may seek a judicial or administrative review of the decision in accordance with the relevant national legal system.

There is nothing in the written question to indicate any infringement of Directive 90/313/EEC in the case in question.

The Commission will send a letter to the Spanish authorities asking for their comments on the points raised by the Honourable Member and on compliance with obligations arising out of Community environment law which may be applicable in this case.

Whatever the circumstances, in its role as guardian of the Treaties the Commission will take the necessary measures to ensure that Community law is respected in each individual case.