WRITTEN QUESTION E-1558/97 by Alexandros Alavanos (GUE/NGL) to the Commission (6 May 1997)

Subject: Dumping of waste in the River Axios

Allegations have been made by Greepeace, many environmental organizations and local bodies that the Chemical Industries of Northern Greece (SICGN) have, since 1995, been systematically dumping phosphogypsum over an area of 200 hectares along the former bed of the River Axios in the Commune of Eastern Thessaloniki, which has adversely affected the Axios wetlands, protected under the Ramsar Convention. Over the last few weeks the dumping of this substance has been observed even within the protected area. Studies carried out by the Aristotles University of Thessaloniki show that levels of cadmium are between five and ten times, and levels of arsenic 1000 times, higher than those reported by the industry.

Will the Commission say:

1. whether the uncontrolled dumping of phosphogypsum is permitted;

2. whether the relevant regional planning and the environmental impact studies have been approved; and

3. how the factory concerned will be compelled immediately to remove existing waste and restore the site to its previous state?

Answer given by Mrs Bjerregaard on behalf of the Commission (16 June 1997)

Article 4 of Directive 75/442/EEC ((OJ L 194, 25. 7.1975. )) as amended by Directive 91/156/EEC ((OJ L 78, 26. 3.1991. )) states that 'Member States shall take the necessary measures to ensure that waste is disposed of without endangering human health and without harming the environment, and in particular: without risk to water, air, soil and plants and animals, without causing a nuisance through noise or odours and without adversely affecting the countryside or places of special interest.

Member States shall also take the necessary measures to prohibit the abandonment, dumping or uncontrolled disposal of waste'.

Furthermore, Article 9 of Directive 75/442/EEC and Article 3 of Directive 91/689/EEC ((OJ L 377, 31.12.1991. )) list provisions requiring establishments or undertakings to obtain a permit.

The information provided by the Honourable Member gives the impression that the Chemical Industries of Northern Greece (SICGN) have no permit from the Greek authorities to dump phosphogypsum waste along the former bed of the River Axios.

Therefore, this unauthorised discharge since 1995 of phosphogypsum waste appears to have been in contradiction with the requirements of Directive 75/442/EEC. The Commission is of the opinion that it is up to the Greek authorities to assess under Greek legal rules, if measures have to be taken to remedy a possible discharge of waste which was not in compliance with Community legal rules.

The Commission is not in position to know if the relevant planning and environmental impact studies have been approved as the authorisation procedures for industrial installations are under the responsibility of the Member States.

The Commission would strongly encourage the interested parties such as non-governmental organisations and local authorities to raise the issue with the environmental or other authorities and eventually bring the matter into the Greek courts provided that there is sufficient information to back a case.