WRITTEN QUESTION E-1298/01

by Generoso Andria (PPE-DE), Luigi Cesaro (PPE-DE), Giuseppe Gargani (PPE-DE), Giuseppe Nisticò (PPE-DE) and Stefano Zappalà (PPE-DE) to the Commission

(3 May 2001)

Subject: Waste problem - construction of a waste screening plant in Palomonte

In the Campania region waste disposal has become an emergency of unprecedented seriousness. None of the Italian authorities, both national and regional (most of whom of the centre-left) have ever carried out careful surveys of the area to find more suitable sites for the disposal and screening of waste.

Can the Commission say on what basis the decision was made to build the screening plant in the municipality of Palomonte, province of Salerno, given that such a decision conflicts with the following:

1. the area in question is an atypical industrial area considered to be a centre of the agri-foodstuffs industry and therefore highly unsuitable for the plant in question;

2. the building in question was intended for a different use;

3. the said building is already equipped for the production of foodstuffs, which means that the existing plant would have to be destroyed;

4. the project plainly conflicts with Community directives in that no environmental impact assessment has been carried out.

In the light of the above, will the Commission make representations to the competent bodies to ensure compliance with the legislation referred to in point 4?

Answer given by Mrs Wallström on behalf of the Commission

(18 July 2001)

According to Council Directives 85/337/EECof 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(1) and 97/11/EC of 3 March 1997(2), which has modified Directive 85/337/EEC, Member States are obliged to ensure that, before consent is given, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to a requirement for development consent and an assessment with regard to their effects. Projects covered by the Directive are identified in the annexes.

In the opinion of the Commission, based on the information given by the Honourable Member, the work to which the question makes reference, a waste treatment plant, could fall within the scope of Directives 85/337/EEC and 97/11/EC, and, in particular, within categories 11c of Annex II of Directive 85/337/EEC (Installations for the disposal of industrial and domestic waste, unless included in Annex I) and/or 11b of Annex II of Directive 97/11/EC (Installations for the disposal of waste - projects not included in Annex I).

Under Directive 85/337/EEC prior to the amendments, projects falling within Annex II are to be made subject to an environmental impact assessment (EIA) where Member States consider that their characteristics so require. However, Member States are considered to be obliged to make a pre-assessment in order to establish whether Annex II projects need to be made subject to an EIA procedure. Under Directive 85/337/EEC, as modified, for Annex II projects, Member States are obliged to determine through a case-by-case examination or thresholds or by the setting of criteria whether the project shall be made subject to an assessment in accordance with Articles 5 to 10.

In order to identify the correct Community law to be applied, it is necessary to check when the request for development consent was submitted to the competent authority: projects whose requests for development consent were submitted to a competent authority before 14 March 1999 are governed by the provisions of Directive 85/337/EEC (prior to its 1997 amendment).

The Commission has already opened a complaint file on the project and a letter has been sent to the Italian authorities to request information on the issue. The Commission will take the appropriate steps in order to ensure the observance of Community law and in particular of the Directive mentioned.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.