WRITTEN QUESTION E-0455/01

by Cristiana Muscardini (UEN) and Gianfranco Fini (UEN) to the Commission

(19 February 2001)

Subject: Pollution and infringement of regulations

The River Sarno according to some newspapers the most polluted river in Europe has overflowed yet again, after having already done so on 28 December. This time it has burst its banks in different areas, flooding the surrounding land. There has been a considerable increase in tumours in the area, which according to residents, is due to the high level of pollution caused by the floods.

In Caltanissetta, meanwhile, for years houses have been supplied with water only every four days. The construction of a reservoir for the dam, a project which has been blocked for years, and which was supposed to provide a regular water supply for nearby houses, has not yet been completed. The final signatures of the Italian ministers concerned have long been awaited. Even if the work were to commence immediately, there would be no water this summer, as has been the case for many summers now. Local residents will suffer hardship: their personal dignity will be undermined by the lack of hygienic conditions and families will have to bear greater costs for the purchase of mineral water. Agriculture will also suffer, and considerable damage will be done to farmers.

In Torre Annunziata (Naples), too, the water supply is scarce. Mountains of uncollected refuse are a blot on the landscape and a source of pollution so much so that the authorities have closed the schools for fear of an epidemic. A sports stadium, which cost some 100 billion lire to build, has never been officially opened and is being used as a huge, open-air rubbish tip. The president of the region, Mr Bassolino, also happens to be the special commissioner for the so-called refuse emergency in the Campania region.

These are but a few examples of total disregard of regulations which are supposed to guarantee that environments are fit for living in and allow people to live in a civilised manner.

1. Does the Commission have any instruments with which to monitor the extent of these ecological disasters?

2. Does it have any financial programmes which could help to resolve the cases in question?

3. Should it not start infringement proceedings against Italy, with regard to the three above-mentioned cases, for failure to comply with regulations concerning the protection of the environment and public health?

Answer given by Mrs Wallström on behalf of the Commission

(11 May 2001)

The Commission's powers are limited to those conferred on it by the EC Treaty, in particular, it is responsible for ensuring that Community law is properly applied within all Member States. On the basis of Article 211 (ex Article 155) of the EC Treaty, in order to ensure the proper functioning and development of the common market, the Commission shall ensure that the provisions of this Treaty and the measures taken by the institutions pursuant thereto are applied. On the basis of Article 226 (ex Article 169) of the EC Treaty if the Commission considers that a Member State has failed to fulfil an obligation under this Treaty, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations. If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice. The Commission has a discretionary power in deciding whether to initiate such a procedure(1).

In particular, the scarcity in water supply in Caltanisetta and Torre Annunziata and the overflowing of the River Sarno are not covered by any existing Community directives or regulations currently in force.

The pollution of River Sarno could be relevant to Council Directives 91/271/EEC of 21 May 1991, concerning urban waste-water treatment(2), 75/440/EEC of 16 June 1975, concerning the quality required of surface water intended for the abstraction of drinking water in the Member States(3) and 76/464/EEC of 4 May 1976, on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community(4). However, on the basis of the information given by the Honourable Members, due to a lack of grounds of complaint on the application of Community law, no breach of it can be identified at present.

On the basis of the information given by the Honourable Members, the waste treatment situation in Torre Annunziata could be relevant to Council Directive 75/442/EEC of 15 July 1975, on waste(7), as modified by Directive 91/156/EEC of 18 March 1991(5), which has the objective of protecting human health and the environment against harmful effects caused by the collection, transport, treatment, storage and tipping of waste. Not being aware of the situation described by the Honourable Members, the Commission will take the appropriate steps in order to gather detailed information about it and to ensure the observance of Community law.

The Commission cannot be aware of all situations which are likely to be considered as a bad application of environmental Community law by the Member States. Such situations are normally drawn to the attention of the Commission by letters of complaint, Parliamentary Written Questions and Petitions to the Petitions Committee of the Parliament. However, situations claimed to be inconsistent with the relevant Community law need to be precisely described so as to enable the Commission to assess them in relation to applicable Community environmental law.

Interventions in the fields of waste treatment, water supply and environmental infrastructure can be co-financed by the European Regional Development Fund (ERDF), in the context of the Community Support Framework for Objective 1 areas. In the case of Mezzogiorno particularly, the ERDF together with the other Community structural funds

participates to finance the regional operational programmes for Campania and Sicily, directly managed by the regional administrations. Following article 8 of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(6), the implementation of assistance is the responsibility of the Member States at the appropriate territorial level.

(1) Priorities and criteria governing the Commission's discretionary power are listed in the Fourteenth annual report on monitoring the application of Community law 1996 (OJ C 332, 3.11.1997).

(2) OJ L 135, 30.5.1991.

(3) OJ L 194, 25.7.1975.

(4) OJ L 129, 18.5.1976.

(5) OJ L 78, 26.3.1991.

(6) OJ L 161, 26.6.1999.

(7) OJ L 194, 25.7.1975.