WRITTEN QUESTION E-0470/01

by Pere Esteve (ELDR) to the Commission

(21 February 2001)

Subject: Construction of a sewage treatment plant in Mallorca

Plans have been drawn up to build a large sewage treatment plant in the Prat de Sant Jordi area of the municipality of Palma de Mallorca on the island of Mallorca, designated an area of unspoiled nature under Law 4/1987 on conservation of the countryside and other specific laws. The choice of this for the project in question is illegal and contrary to the environmental impact assessment carried out by the construction company itself.

The planned construction site is less than 400 metres away from the communities of Sant Jordi and S'Aranjassa and is therefore in breach of Royal Decree 2414/61 approving a regulation on activities involving inconvenience, health risks, harm or danger. Article 4 of that regulation stipulates that such activities must be undertaken at a distance of at least 2 000 metres from any populated area.

For its part, the Ministry of the Environment is presenting the construction project as extension work. However, this is far from being the case, since the project does not provide for any kind of link with the existing plant and uses a different site set apart from the latter. Furthermore, there are no plans to carry out structural or technical alterations to the existing plant or to the machinery already in place.

The environmental report commissioned by the construction company has found that putting the planned plant into operation will result in an increase of up to 80 decibels in noise levels, further unpleasant odours and a rise in the mosquito population, with the potential to provoke physical and psychological illnesses amongst local residents.

In addition to the above, in considering the framework directive on water policy in February 1999 the European Parliament advocated an integrated Community policy that is effective and coherent and takes account of the vulnerability of aquatic ecosystems located near coasts or estuaries. Furthermore, one aim of the Commission's framework directive on water policy lies in achieving the good status of surface water and groundwater. Is the Commission aware of the situation described above? Does it envisage taking measures of any kind? Will it say whether the plans to build the sewage plant in question conform to Community rules?

Answer given by Mrs Wallström on behalf of the Commission

(19 April 2001)

The Commission was not aware of the matters raised by the Honorable Member.

Firstly, it should be noted that the question of the distance between the site in question and the communities falls within the competence of the national authorities and is not governed by Community law.

The Community environmental legislation which might be applicable in this case is Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment.(1) Article 2 of this Directive provides 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 the projects listed in Annexes 1 and II to the Directive. Water treatment plants are included in Annex II. Under the terms of Article 4 of the Directive, projects covered by Annex I must be made subject to an obligatory environmental impact assessment. Projects covered by Annex II must be made subject to an assessment where Member States consider that their characteristics so require.

It should be noted that Directive 85/337/EEC was modified by Council Directive 97/11/EC of 3 March 1997(2). The construction of sewage treatment plants of more than 15 000 population equivalent, as defined by Article 2(6) of Council Directive 91/271/EEC of 21 May 1991 on urban waste water treatment, is covered by Annex I(3). Other sewage treatment plants are included in Annex II. It should be noted that Annex II (13) covers Any change or extension of projects listed in Annex I or Annex II, already authorised, executed or in the process of being executed, which may have significant adverse effects on the environment.

Under the terms of Article 3(2) of Directive 97/11/EC, if applications for development consent were submitted before 14 March 1999, the provisions of Directive 85/337/EEC prior to these amendments apply.

The recently adopted Directive 2000/60/EC of the Parliament and of the Council, of 23 October 2000, establishing a framework for Community action in the field of water policy(4), is not applicable to this case as the deadline for the transposal of this Directive has not yet expired.

The Commission has contacted the Spanish authorities in order to ask them for their observations on the application of Directives 85/337/EEC and 97/11/EC in this particular case.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.

(3) OJ L 135, 30.5.1991.

(4) OJ L 327, 22.12.2000.