WRITTEN QUESTION E-1052/02

by Laura González Álvarez (GUE/NGL) to the Commission

(17 April 2002)

Subject: Plan for waste treatment plant in Los Arcos (Navarre, Spain)

In September 2001 a scheme was submitted in Los Arcos (Navarre, Spain) for a large-scale industrial waste treatment plant, which would be 2 km long and 650 metres wide, occupying an area of 1 250 000 m2 in order to store special types of waste indefinitely.

This scheme is promoted by Befesa, a branch of the Abengoa company, and its characteristics are similar to those of the same company's plant in Nerva (Huelva province) a plant which became famous some time ago thanks to a series of fires provoked by the deposits. The inhabitants of this part of Navarre are aware that the company has on several occasions been subjected to penalties for the improper management of toxic waste at its Cartagena plant, which is also similar to the planned one. Recently some 30 000 people demonstrated in the locality, in a clear rejection of the Los Arcos plant.

Is the Commission aware of this project, and can it state whether there has been an application for Community funds for its realisation?

Can the Commission state whether the following directives are applicable to this case:

- Directive 85/337/EEC(1) on the assessment of the effects of certain public and private projects on the environment;

- Directive 91/156/EEC(2) amending Directive 75/442/EEC(3) on waste, which obliges the Member States to ensure the recovery or destruction of waste without endangering human health and without using processes or methods which could damage the environment;

- Directive 96/82/EC(4) on the control of major-accident hazards involving dangerous substances;

- Directive 84/360/EEC(5) on the combating of air pollution from industrial plants?

What action does the Commission intend to take in this case to ensure compliance with Community law and, specifically, the above directives?

(1) OJ L 175, 5.7.1985, p. 40.

(2) OJ L 78, 26.3.1991, p. 32.

(3) OJ L 194, 25.7.1975, p. 39.

(4) OJ L 10, 14.1.1997, p. 13.

(5) OJ L 188, 16.7.1984, p. 20.

Answer given by Mrs Wallström on behalf of the Commission

(17 June 2002)

The Commission was unaware of the matter described by the Honourable Member.

It was not clear from the written question whether the project is for a toxic-waste dump, or a waste treatment plant. The Commission is therefore unable to determine which Community legislation would apply in this case.

In order to clarify this point, the Commission has asked the Spanish authorities for more information on the project in question.

At present, therefore, the Commission can merely confirm that 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), as amended by Council Directive 97/11/EC of 3 March 1997(2), would apply to the case in question. On the basis of the information currently available, it is not possible to say whether the other Directives cited by the Honourable Member would apply to this case.

The Commission, in its role as guardian of the Treaties, will take the necessary action to ensure that Community legislation is respected in the case at issue.

According to the principle of subsidiarity, and in conformity with Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(3), Member States are responsible for both the choice of projects and their realisation. The Commission has therefore contacted the Spanish authorities to obtain information on any co-financing of this project and will certainly inform the Honourable Member of the results of its inquiries.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.

(3) OJ L 161, 26.6.1999.