EN Official Journal of the European Union CE 84/856

(2004/C 84 E/0948)

WRITTEN QUESTION P-0714/04

by Antonio Di Pietro (ELDR) to the Commission

(4 March 2004)

Subject: Conversion of ENEL's ‘Valdaliga Nord’ power station at Civitavecchia

ENEL's ‘Valdaliga Nord’ power station at Civitavecchia is in the process of being converted into a coal-fired power plant that would be highly noxious and have a devastating impact on the environment (carbon dioxide — C02 — emissions an average of 40 % higher than for oil and 50 % higher than for methane, at higher costs). This flies in the face of the precautionary principle and of the opposition of the general public, as unanimously expressed in the referendum held by the municipalities of Civitavecchia and Tarquinia but nevertheless opposed and disregarded by ENEL and the Ministry for Productive Activities.

Already in the area, the incidence of tumours, respiratory diseases and all the illnesses linked to the presence of fine dusts is much higher than the average, being 50 times greater than the national and regional average. The district is already at a serious environmental risk and already has three power stations, two special refuse disposal sites and heavy traffic both at sea and on land. Despite the notification sent to Italy, there have been continued violations of Directive 96/62/EC (1) and Directive 1999/30/EC (2) in the field of air quality, and specifically of the requirement to provide daily information on PM10 concentrations.

The Civitavecchia combustion plant will also be a source of severe toxicity in terms of carbon dioxide, arsenic, mercury, radionuclides, chromium and nickel. Directive 2001/80/EC (3) on the limitation of emissions of certain pollutants into the air from large combustion plants has also been infringed, since Italy has failed to transpose this into national law (a matter which the Commission has already referred to the EC Court of Justice).

With regard to this situation, what urgent measures will the Commission take to appropriately prevent damage being occasioned, in terms of health and the environment, by pollution from ENEL's Valdaliga Nord power station to the people of Civitavecchia and the neighbouring municipalities of Allumiere, Blera, Cerveteri, Ladispoli, Tarquinia and Tolfa, bearing in mind Italy's longstanding and repeated failures to comply with, and violations of, the principles laid down in the Treaty and the urgent need to prevent serious and irreparable damage to the environment, health and the local economy?

Answer given by Mrs Wallström on behalf of the Commission

(2 April 2004)

The fact that the ENEL's ‘Valdaliga Nord’ power station at Civitavecchia is in the process of being converted into a coal-fired power plant is not in itself contrary to any provisions of Community environmental law.

Of course, as a combustion installation with a rated thermal input exceeding 50 Megawatt (MW), it will be subject to the requirements provided for by Council Directives 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control and 2001/80/EC of the Parliament and of the Commission of 23 October 2001, on the limitation of emissions of certain pollutants into the air from large combustion plants (4). In particular, according to Article 8 of Directive 96/61/EC, competent authorities are obliged to ensure that permits granted to the new installations covered by this Directive include all measures necessary for compliance with the requirements of Articles 3 and 10 in order to achieve a high level of protection for the environment as a whole by means of protection of the air, water and land. In addition, according to Article 4 of Directive 2001/80/EC the competent authorities are obliged to ensure that licences granted for the construction or for the operation of the new installations covered by this Directive contain conditions relating to compliance with the emission limit values laid down in part Β of Annexes III to VII in respect of sulphur dioxide, nitrogen oxides and dust. In accordance with Article 10 of Directive 2001/80/EC, the same limit values shall apply where the operator of a combustion plant is envisaging a change within the meaning of Article 2(10) b and 12(2) of Directive 96/61/EC.

In the light of the information given by the Honourable Member, it appears that such permits and licences have not yet been issued. Therefore, no breach of Community law can be identified at present. The infringement procedure for failure to transpose Directive 2001/80/EC in the Italian legal system, mentioned by the Honourable Member, is a general one and it has no specific link with the situation in Civitavecchia.

Emissions from large combustion plants contribute to concentrations in ambient air of certain pollutants which are regulated by Community air quality legislation. As regards the Directives on air quality, in particular Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management and Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air, the Commission started an infringement procedure against Italy for its failure to monitor PM10 concentrations in Civitavecchia. No other breach of the above-mentioned directives has been identified as regards the same area and no further breach can be identified on the basis of the information given by the Honourable Member. However, if PM10 concentrations in that zone had exceeded limit values together with a margin of tolerance, the Italian authorities would be under the obligation to establish a plan or program within the meaning of Article 8(3) of Directive 96/62/EC, and to ensure compliance with the limit values laid down by Directive 1999/30/EC by 1 January 2005 at the latest. The Commission is closely monitoring compliance with the above obligations for all Member States, including Italy.

As regards air pollution from arsenic and mercury, the Commission is aware of the toxicity of these substances and, on 16 July 2003, it adopted a proposal for a Directive on concentrations of arsenic, cadium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (5).

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

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

(3) OJ L 309, 27.11.2001, p. 1.

(4) OJ L 257, 10.10.1996.

(5) COM(2003) 423 final.