WRITTEN QUESTION E-2710/99

by Pedro Marset Campos (GUE/NGL) to the Commission

(18 January 2000)

Subject: Proposed extension of a sludge-drying plant in the Sierra de Fontcalent (Alicante, Spain)

The proposed extension of a sludge treatment plant at Fontcalent has caused widespread concern among residents, who complain of unpleasant smells both in and around the plant. The authorities have stated that no environmental impact assessment was carried out, since the area is already in an advanced state of decline due to the existence of a landfill site, which is only separated from the sludge-drying plant by a fence. The landfill site, adjacent to the sludge area, is full to capacity, but the waste continues to accumulate, piling up and causing fires. Eleven organisations, among them residents' associations and social and environmental groups, have made public their opposition to the proposed extension of the treatment plant for sludge from the sewage farms of the city of Alicante, and have complained about the (sometimes illegal) dumping of sewage sludge for drying, which means that the area is now a magnet for waste, insects and small rodents, and overwhelmed by intolerable smells.

The sludge, which currently extends over an area of 130 000 m2, takes two months to dry. It is left in a large open-air site, where the highly polluting liquids produced by the rotting process are entirely unprotected from the rain and wind.

The residents claim that sludge is sometimes dumped outside the areas permitted by Emarasa, constituting a possible breach of Law 10/98 of 21 April 1998 on waste, and, specifically, the extremely serious offence of abandonment, dumping or unauthorised disposal.

1. Is the Commission aware of this situation?

2. Can the Commission confirm whether an environmental impact assessment was carried out for the extension of the sludge plant, in accordance with Directive 85/337/EEC(1) on the assessment of the effects of certain public and private projects on the environment, and whether the authorities concerned are in compliance with directives on waste, packing and packaging?

3. Can the Commission make available all the information on this case it has been able to obtain from the Spanish authorities?

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

Answer given by Mrs Wallström on behalf of the Commission

(22 February 2000)

The Commission is not aware of the situation referred to by the Honourable Member and does not know whether the project in question was the subject of an impact assessment as provided for by Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment.

It should however be pointed out that Article 2 of that Directive lays down that projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location must be made subject to an assessment with regard to their effects before consent is given. This provision applies to projects listed in Annex I to the Directive and to projects listed in Annex II, where the Member States consider that their characteristics require this. Installations for the disposal of industrial and household waste and sludge deposition sites are listed in point 11 of Annex II to the abovementioned Directive. Consequently, projects relating to this category are subject to an assessment in accordance with Articles 5 to 10 of the Directive where the Member State considers that their characteristics so require. Similarly, this type of installation is listed in Annex II of Directive 97/11/EC(1) which amends Directive 85/337/EEC, points 11 and 13.

The Commission has requested the Spanish authorities for information on the situation complained of by the Honourable Member in order to verify compliance with the abovementioned Directives and with Council Directive 75/442/CEE of 15 July 1975 on waste(2), as amended by Council Directive 91/156/CEE of 18 March 1991(3), in the case in question.

Having regard to the information provided in the written question, the Commission has no reason to suspect any infringement of European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste(4).

The Commission will keep the Honourable Member informed of any further developments in this case.

(1) OJ L 73, 14.3.1997.

(2) OJ L 194, 25.7.1975.

(3) OJ L 78, 26.3.1991.

(4) OJ L 365, 31.12.1994.