WRITTEN QUESTION P-1893/98

by Johanna Boogerd-Quaak (ELDR) to the Commission

(9 June 1998)

Subject: Integrated pollution control and access to information concerning poison gas grenades off the Flemish coast

A large quantity of poison gas grenades (between 3 500 and 12 000 tonnes) containing mustard gas, phosgene and cyanic acid which Belgium dumped off the coast of Flanders after the First World War could give rise to serious health risks for the Dutch and Belgian population of the region. Regional and local emergency plans are insufficiently geared to dealing with a poison gas disaster.

1. In view of the above, how great is the danger that the poison gas will escape due to damage to the grenades or rust, and does the Commission know how any leaks should be combated?

2. Bearing in mind that an escape would entail cross-border pollution of the environment with public health aspects, does the approach of the Dutch and Belgian authorities comply with Directive 96/61/EC on integrated pollution prevention and control(1)?

3. As Member States are required to transpose Directive 96/61/EC into national legislation only by 30 October 1999, what measures has the Commission already taken to ensure that the Directive will be properly implemented?

4. Have the authorities concerned provided information promptly and correctly pursuant to Articles 15 and 16 of the above Directive and pursuant to Council Directive 90/313/EEC(2) on freedom of access to information on the environment?

5. Does the Commission know to what extent technical developments have occurred or could be encouraged with regard to recovering and destroying dumped gas munitions, which might refute the conclusion reached by the Oslo Commission in 1991 that there is no technical solution to the clearing of such munitions (OSCOM 17/11/1, paragraph 7.17)?

6. What international conventions could be applied in the event of cross-border claims for damages, given that Belgium has not yet signed the Lugano Convention on civil liability for damage resulting from activities dangerous to the environment, which moreover is not yet in force?

Answer given by Mrs Bjerregaard on behalf of the Commission

(13 July 1998)

The Commission does not currently have any information regarding the danger of release of poison gas from dumped grenades, nor is the Commission aware of any technical developments concerning the storage and destruction of dumped gas or ammunition that would modify the conclusion of the 1991 Oslo commission for the prevention of marine pollution by dumping from ships and aircraft (OSCOM).

The Commission is closely following developments in the Member States concerning implementation of Council Directive 96/61/EC concerning integrated pollution prevention and control, but this Directive applies to industrial installations and is therefore not relevant to the case of dumped grenades.

Council Directive 90/313/EEC on freedom of access to information on the environment aims to guarantee that any natural or legal person be given access to environmental information, under the conditions set out in the Directive, on request. The Commission is not aware of any case in which anyone has requested access to information relating to the dumped grenades and has been denied this in violation of the Directive. In any event, no complaint has been lodged with the Commission on this subject.

Finally, the Commission is not aware of any other international convention than that of Lugano in the field of environmental liability.

(1) OJ L 257, 10.10.1996, p. 26.

(2) OJ L 158, 23.6.1990, p. 56.