WRITTEN QUESTION E-3837/98

by Wilfried Telkämper (V) to the Commission

(22 December 1998)

Subject: Storage of toxic waste in the Stocamine potash mine at Wittelsheim (France) in the context of Council Directive 97/11/EC of 3 March 1997 (EIA)

With Directive 97/11/EC(1) on environmental impact assessment, the Council made its view clear that sustainable environmentally sound development is possible only if projects likely to have significant effects on the environment are subject to compulsory authorisation and required to undergo environmental impact assessment. The Council also takes the view that an assessment and authorisation procedure makes sense only if not only the competent authorities but also the members of the public directly concerned are involved in the procedure. The views of authorities and members of the public in another Member State possibly affected by a project must also be taken into account in the authorisation procedure where a project may have significant effects on this Member State's environment.

Although the directive referred to above has not yet been transposed into national law by the Member States, it is obvious that the directive is based on the clear and unambiguous joint political will to require that projects which may threaten the environment undergo an assessment procedure that also takes account of the interests of neighbouring countries.

In the case of the Stocamine underground toxic waste dump near Wittelsheim in Alsace Directive 97/11/EC would require the opinions and objections of both French and German people affected to be taken into account in an environmental impact assessment procedure, since the Stocamine project clearly has a transboundary dimension: if an accident occurred in the toxic waste dump, the ground water throughout the upper Rhine region would be contaminated, with both France and Germany affected by such a disaster.

Can the Commission therefore say:

1. how far the French and German public has been, or must be, informed by the authorities, and

2. how far independent reports by French and German scientists on the Stocamine project have been drawn up or are necessary?

Answer given by Mrs Bjerregaard on behalf of the Commission

(5 February 1999)

The Commission was not aware of the toxic waste storage project to which the Honourable Member refers.

As regards Council Directive 97/11/EC, the Commission would stress that the deadline for the adoption of national measures transposing this Directive into national law is 14 March 1999 and therefore it cannot be applied to the project in question.

However, on the basis of information supplied by the Honourable Member, it appears that the project is covered by Annex I (point 9) of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(2). If it was confirmed that the project concerned a toxic waste storage installation, an environmental impact assessment would have to be carried out.

In addition, Article 7 of the Directive provides that where a Member State is aware that a project is likely to have significant effects on the environment in another Member State, or where a Member State likely to be significantly affected so requests, the Member State in whose territory the project is intended to be carried out shall forward the results of the assessment to the other Member State at the same time as it makes it available to its own nationals.

(1) OJ L 73, 14.3.1997, p. 5.

(2) OJ L 175, 5.7.1985.