WRITTEN QUESTION P-1192/00

by Antonio Di Pietro (ELDR) to the Commission

(10 April 2000)

Subject: Closure of the SGL Carbon plant in Ascoli Piceno

The SGL Carbon plant, an industrial plant producing graphite electrodes, is located in the city centre of Ascoli Piceno in Italy, in a densely populated area which, under local regulations, should be used for the creation of parks.

Each year the plant releases into the atmosphere tens of thousands of tonnes of highly pollutant substances known as PAH (polycyclic aromatic hydrocarbons) with serious effects on the health of thousands of local inhabitants. It is not by accident that Ascoli Piceno has the unfortunate distinction of being the city with the highest incidence of cancers in Italy.

Given that the agreement authorising the installation of the plant concluded 25 years ago between the city authorities and the company concerned is due to expire in 2004, can the Commission oblige the Italian local authorities to carry out an environmental impact assessment pursuant to Directive 85/337/EEC(1), as amended by Directive 97/11/EEC(2), so as to bring forward the possible closure or transfer of the SGL Carbon plant, or, in any case, before granting it a fresh authorisation in 2004?

Does the Commission not consider that the provisions of Directive 84/360/EEC(3) on the combating of air pollution from industrial plants and Directive 96/61/EEC(4) concerning integrated pollution prevention and control are applicable in the present case?

Finally, will the Commission say whether and under what conditions the SGL Carbon plant could be converted so that the workers employed there could be found new jobs?

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

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

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

(4) OJ L 257, 10.10.1996, p. 26.

Answer given by Mrs Wallström on behalf of the Commission

(18 May 2000)

The Commission considers that Council Directives 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment and 97/11/EC of 3 March 1997 which has modified Directive 85/337/EEC are not at present relevant to the case. An industrial plant authorised 25 years ago does not fall within their scope of application. Directives on environmental impact assessment (EIA) are of application with reference to projects where the requests for development consent were introduced after the date for Member States to transpose them. Directive 85/337/EEC does not apply to projects for which the requests for development consent were submitted to the competent authority before 3 July 1988; Directive 97/11/EC does not apply to projects for which the requests for development consent were submitted to the competent authority before 14 March 1999.

However, should a new authorisation be granted in the future, it would fall within the scope of application of Community EIA legislation.

On the basis of the information given by the Honourable Member, the Commission considers that the installation mentioned is not covered by Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants. In contrast, it may be covered by Council Directives 96/61/EC of 24 September 1996, concerning integrated pollution prevention and control (IPPC Directive) and 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations(1) (VOC Directive). However, under both these directives, Member States have until 2007 to apply provisions and emission limits to existing installations.

(1) OJ L 85, 29.3.1999.