WRITTEN QUESTION E-2740/99

by Bart Staes (Verts/ALE) to the Commission

(18 January 2000)

Subject: Elf-Atochem chemical plant in Boretto, Reggio Emilia (Emilia-Romagna, Italy)

The multinational firm Elf-Atochem owns and operates a chemical plant in the district of Boretto, in the Emilia-Romagna region in Italy. In January 1998 a chemical accident occurred in the Elf-Atochem plant and criminal charges have been brought against the lawyers representing the plant. Over recent years, the local residents and workers at factories located near the Elf-Acothem plant have often complained to the local and regional authorities about the discomfort and smells caused by the chemical substances emitted by the plant. The chemicals used by Elf-Acothem and the proximity of the plant to residential areas are said by local residents to cause discomfort and serious damage to health (the problem has also been looked into by the Regional Environmental Protection Agency of the Emilia-Romagna region). On 6 December 1999 further complaints about discomfort in the area around the Elf-Atochem chemical plant were made. Employees at the companies located in the surrounding area reported an obnoxious smell. The previous week there had been similar reports of discomfort which led to the Regional Environmental Agency, the district authorities in Boretto and the local police being alerted. The local fire service was also called to deal with a tanker carrying chemical substances which had been involved in a road accident in the Boretto district.

Does the Commission not consider that it should ask the Italian authorities to check whether or not the Elf-Atochem plant in Boretto complies with the relevant EU legislation on environmental protection, safety in the workplace, public health, and the use and emission of toxic substances?

Answer given by Mrs Wallström on behalf of the Commission

(23 February 2000)

In the opinion of the Commission, based on the information given by the Honourable Member, the situation to which he refers could fall within the scope of Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants(1), if the installation could be considered a chemical plant for the production of olefins, derivatives of olefins, monomers and polymers, or for the manufacture of other organic intermediate products or of basic inorganic chemicals, and of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous

substances(2), which has annulled Council Directive 82/501/EEC of 24 June 1982 on the major-accident hazards of certain industrial activities(3), if the installation concerned could be considered within the definitions set out in Article 2 and 3 of Directive 96/82/EC.

Article 4 of Directive 84/360/EEC provides that in respect of installations in operation after 1 July 1987 or built or authorized after that date, an authorization may be issued only when the competent authority is satisfied that: (1) all appropriate preventive measures against air pollution have been taken, including the application of the best available technology, provided that the application of such measures does not entail excessive costs; (2) the use of plant will not cause significant air pollution particularly from the emission of substances referred to in Annex II; (3) none of the emission limit values applicable will be exceeded; (4) all the air quality limit values applicable will be taken into account. Article 12 states: The Member States shall follow developments as regards the best available technology and the environmental situation. In the light of this examination they shall, if necessary, impose appropriate conditions on plants authorized in accordance with this Directive, on the basis both of those developments and of the desirability of avoiding excessive costs for the plants in question, having regard in particular to the economic situation of the plants belonging to the category concerned.

Article 5 of Directive 96/82/EC, and previously Article 3 of Directive 82/501/EEC, obliges the operator to take all measures necessary to prevent major accidents and to limit their consequences for man and the environment. Article 14 of Directive 96/82/EC, and previously Article 10 of Directive 82/501/EEC,requires the operator, as soon as practicable following a major accident, to inform the authorities and provide them with information on the circumstances of the accident, the dangerous substances involved, the data available for assessing the effects of the accident on man and the environment and the emergency measures taken. In return, the authorities must ensure that any necessary remedial measures are taken by the operator. Furthermore, they must collect all the information necessary for a full analysis of the accident.

Not being aware of the situation described by the Honourable Member, the Commission will take the appropriate steps in order to gather detailed information about it and to ensure the observance of Community law.

Workers exposed to chemicals are covered by the measures provided by the Community legislation on health and safety at work, such as Council Directives 80/1107/EEC(4), 89/391/EEC(5), 89/654/EEC(6), 89/655/EEC(9) 89/656/EEC(10) 90/394/EEC(7) and 98/24/EEC(8). Such directives lay down minimum requirements under Article 137 of the EC Treaty (ex Article 118A) which are to be applied in the workplace in order to ensure that all the necessary steps have been taken to prevent or adequately control workers' exposure to chemicals.

(1) OJ L 188, 16.7.1984.

(2) OJ L 10, 14.1.1997.

(3) OJ L 230, 5.8.1982.

(4) OJ L 327, 3.12.1980.

(5) OJ L 183, 29.6.1989.

(6) OJ L 393, 30.12.1989.

(7) OJ L 196, 26.7.1990.

(8) OJ L 131, 5.5.1998.

(9) OJ L 393, 30.12.1989.

(10) OJ L 393, 30.12.1989.