WRITTEN QUESTION E-1310/01

by Patricia McKenna (Verts/ALE) to the Commission

(3 May 2001)

Subject: Mugardos regasification plant

Under the plan to use natural gas as a fuel and the conversion to be carried out to that end in the Spanish energy sector, a number of regasification plants are to be sited on the Spanish coast.

In Mugardos, in the immediate vicinity of the town and close to a residential area with a population of 150 000, the intention is to set up a regasification plant. Experts, the former head of the El Ferrol Port Authority (dismissed on account of his opposition to the proposed siting of the plant in Mugardos), fishermen's associations, citizens' groups, and environmental NGOs maintain that the plant should not be built in the place concerned, given the serious dangers to the surrounding population.

Under Decree RD 2414/1961 of 30 November 1961 (published in the Spanish Official Gazette, BOE No 292 of 7.12.1961) on nuisances and unhealthy, harmful, and dangerous activities, the regasification plant is classed as a dangerous activity(1). The classification is the same in Royal Decree RD 1254/1999 of 16 July 1999 on measures to control the risks inherent in serious incidents involving dangerous substances(2). Chapter 1, Article 4, of Decree 2414/1961 lays down a general rule to the effect that manufacturing industries which must be considered dangerous or unhealthy must be sited at a distance not less than 2 000 metres from the nearest population centre(3). The European standard EN-1473 (May 1997), transposed in Spain in May 1998 as standard UNE-1473, calls for dangerous sites to be analysed, risk probabilities to be estimated, also taking into account the human factor, and theoretical leakage, gas dispersion, the discharge jet, etc. to be modelled.

A further factor to consider, as stipulated in Article 8 of RD 1254/1999, is the domino effect (whereby the initial incident triggers a chain of explosions at other nearby plants where there are dangerous substances), but this has not been done(4). If an incident were to occur, two installations already in use at the present time could thus bring about a domino effect, namely the type B and C oil tanks (500 metres away) and the military arsenal (1 200 metres away).

Given that it would be dangerous to set up a natural gas regasification plant in Mugardos, will the Commission intervene and, if so, what steps will it take?

Is it acceptable that energy conversion should be carried out without a State plan to ensure compliance with the most basic safety regulations?

Does the Commission not think that the environmental impact of the plant needs to be assessed?

(1) According to the above decree, activities are classed as dangerous if their purpose is to manufacture, handle, deal in, or store products likely to occasion serious risks on account of explosions, combustion, radiation, or other risks of comparable magnitude to life and property.

(2) In the list of substances set out in Part 1 of Annex 1, the decree refers to highly flammable liquefied gases (including LPG) and natural gas.

(3) In addition, paragraph 2 of Decree RD 1254/1999 stipulates that land use policies must allow for the need to maintain the necessary distances between the plants covered by the Decree and residential areas, areas frequented by the public, and areas of natural interest. As far as existing plants are concerned, they must also provide for the additional technical measures referred to in Article 5 so as to avert further risks to life.

(4) Applied to a gas leak of 944 kg per second, assuming class E atmospheric stability and a wind speed of 2 metres per second, the Pasquill-Gifford pollutant dispersion model produces the following results: The asphyxiation zone (33 % (0,22 kg per m3)) would extend over a distance of 750 m. Falling within that radius are the type B and C oil tanks installed last summer by Forestal del Atlántico, which have a capacity of 200 000 m3 and are situated 500 metres away (domino effect), and a glue factory. The boundary of the zone also falls just short of Mugardos town centre, which lies 900 m away. The upper flammability limit (14 % (0,092 kg per m3)) would be reached at a distance of 1 250 m. Falling within that radius are Mugardos town centre (900 m away), O Seixo (1 200 m away), and a military arsenal (domino effect), situated 1 200 m away. The lower flammability limit (5 % (0,033 kg per m3) would be reached at a distance of 2 250 m, i.e. as far as the Magdalena district of El Ferrol as well as the other places listed above.

Joint answer to Written Questions E-1310/01, E-1359/01 and E-1379/01 given by Mrs Wallström on behalf of the Commission

(5 July 2001)

The Commission was unaware of the situation described by the Honourable Members regarding the Forestal Atlántico SA plant, or the plan to set up a regasification plant, and the proposed siting of the plant in the same district as the first, namely Mugardos, (Galicia).

Council Directive 85/337/EEC of 27 June 1985 on the assessment of certain public and private projects on the environment(1) as amended by Council Directive 97/11/EC of 3 March 1997(2) would appear, at first sight, to be applicable to this case.

Two conditions must be fulfilled simultaneously in order for Council Directive 96/82/EC of 16 December 1996 on the control of major-accident hazards involving dangerous substances(3) (hereafter referred to as the Seveso Directive) to be applicable:

- the quantities of dangerous substances present in the establishment should exceed the limits set in Annex I to the Directive. The Annex sets two thresholds, a lower limit and an upper limit. If the quantity of the dangerous substance is less than the lower limit, the Seveso Directive does not apply. If the quantity of the dangerous substance is between the upper and the lower limits, then selected provisions of the Directive are applicable. If the quantity exceeds the upper limit, then all the Directive provisions are applicable. The lower limit for natural gas, for example, is 50 tonnes, and the upper limit 200 tonnes;

- the plant should not be in one of the excluded sectors listed in Article 4. It should be noted that the transport and intermediate temporary storage of dangerous materials, in ports for instance, are not covered by the Seveso Directive.

As regards compliance with Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control(4), the Commission is already aware that there are problems with its implementation in Spain, and has accordingly initiated infringement proceedings against Spain on the grounds of failure to transpose the Directive in due time.

Apart from this, the Commission has no reason to suppose that the Spanish authorities would not comply with current Community environmental protection legislation when authorising the plan in question.

The Commission will request further information from the Spanish authorities on this plan and on issues relating to the existing plant.

As guardian of the Treaties, the Commission will take whatever steps are needed to ensure that Community law is respected in all the cases in point.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.

(3) OJ L 10, 14.1.1997.

(4) OJ L 257, 10.10.1996.