WRITTEN QUESTION E-1986/97 by Gianni Tamino (V) to the Commission (9 June 1997)

Subject: Clash between Italian and Community legislation on waste - failure to carry out an environmental impact assessment for a waste incinerator at Scarlino (Grossetto, Italy)

By Decree No 879737 of 12 April 1996 the Italian Ministry for Industry, Commerce and Craft Trades authorized Ambiente Spa, a company which has taken over Società Nuova Solmine Spa, to build a 65 MWt electricity power plant in the commune of Scarlino (Grossetto). The plant is to be powered by a 16.8 MWe turbogenerator using process wastes as fuel, as provided for by Annex 1 of the Interministerial Decree of 16 January 1995 (published in Official Gazette No 24 of 30 January 1995), on the basis of Decree Law No 113 of 8 March 1996. This decree law is contrary to Directive 91/156/EEC ((OJ L 78, 26.3.1991, p. 32. )) of 18 March 1991, in that it does not consider process wastes used as 'alternative fuel' to be 'waste', and has not been turned into an actual law. The plant in question is currently at an experimental stage.

Does the Commission not consider that it should urge the Italian authorities to take action to ensure that a waste incineration plant, such as the one planned for Scarlino, complies with Directive 91/156/EEC and hence with Directive 85/337/EEC ((OJ L 175, 5.7.1985, p. 40. )) on the environmental impact assessment, given that the plant is considered to be an electricity power station of less than 300 MW rather than a waste incinerator?

Answer given by Mrs Bjerregaard on behalf of the Commission (22 July 1997)

To be able to approach the Italian authorities the Commission believes it needs further information regarding the nature of the industrial waste used as fuel, and would therefore ask the Honourable Member whether he is in a position to forward such information. If the materials in question are classed as 'waste', Directive 91/156/EEC amending Directive 75/442/EEC on waste will apply. The Directive applies also to operations to recover waste used as a fuel or other means to generate energy, in accordance with Annex II(B), as amended by the Commission Decision of 24 May 1996. Should the waste fall within the category of 'hazardous waste', the provisions of Directive 91/689/EEC on hazardous waste ((OJ L 377, 31.12.1991. )) would also be applicable. These Directives were transposed into Italian law by Decree No 22 of 5 February 1997.

Regarding the application of Directive 85/337/EEC on environmental impact assessment, Annex I stipulates that thermal power stations and other combustion installations with a heat output of 300 megawatts or more must undergo environmental impact assessment; installations with a heat output of less than 300 megawatts come under Annex II to the Directive. With a heat capacity of 65 megawatts, the installation in question therefore comes under Annex II, unless it proves to be an installation for the disposal of hazardous waste, in which case it comes under Annex I.

However, these provisions apply to works which are still at the planning stage, before development consent has been granted. According to the information supplied by the Honourable Member, the installation, currently at an experimental stage, has already been built, which means these Directives can no longer be applied.