EN Official Journal of the European Union CE 88/227

(2004/C 88 E/0231)

WRITTEN QUESTION E-0800/04

by María Bergaz Conesa (GUE/NGL) to the Commission

(11 March 2004)

Subject: Dr Moliner de Serra Hospital (Valencia, Spain) and waste-water treatment

For the past year the Dr Moliner Serra Hospital in Valencia (Spain) has been discharging untreated faecal and other highly polluting waters into a ravine located in the Calderona Natural Park. The waters in question contaminate a number of wells which provide a significant amount of the local people's drinking water.

The length of time over which the waters have been discharged, the conditions under which the discharges are made, the harmful nature of the waters and the potential hazard which they represent both to the environment and to public health are all indications that the relevant authorities (the Valencia Regional Government) have little interest in solving the problem.

Will the Commission seek information concerning the composition of the waste water which the hospital is discharging without properly treating it?

Will the Commission check whether or not Directive 98/15/EC (1) on the treatment of waste water and Directive 80/68/EEC (2) on the protection of groundwater against pollution caused by certain hazardous substances are being infringed?

Will the Commission find out whether or not the quality of the water from the wells mentioned above is suitable for human consumption, pursuant to Directive 98/83/EC (3) on the quality of water intended for human consumption?

In view of the gravity of the case in question, what action is the Commission intending to take in order to ensure that the relevant Community laws (and, in particular, the above-mentioned Directives) are properly and strictly enforced?

Answer given by Mrs Wallström on behalf of the Commission

(21 April 2004)

Depending on the detailed circumstances, discharges from the hospital mentioned by the Honourable Member may require an authorisation or permit from the Spanish Authorities in line with Community environmental legislation.

As regards drinking water supplied in this area, it must be in conformity with Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption, provided that none of the exemptions set out in Article 3 of this Directive are applicable. This Directive sets specific standards for drinking water, including zero presence of Ε-coli bacteria.

As regards Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (4), Member States are obliged to ensure that all agglomerations with more than 2 000 population equivalents (p.e — the organic pollution measuring unit representing the average pollution produced per person per day) are provided with urban waste water collection and treatment systems. Smaller agglomerations shall be subject to appropriate treatment if the waste water is collected. According to the information available, the size of the agglomeration of Serra in terms of population equivalents is below 2 000 p.e. and therefore this agglomeration is not covered by the obligation of Directive 91/271/EEC.

Urban waste-water may contain substances (such as phosphorous and heavy metals) which can be found in List II of Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances.

Directive 80/68/EEC requires the prior investigation and authorisation of pollutant discharges or waste disposal likely to lead to discharges to groundwater (Article 5). There are related obligations concerning the content of investigations and authorizations, monitoring and the keeping of inventories (Articles 7-16).

Consequently, the Commission will request information from the Spanish authorities to further assess the case and consider the necessary steps to be taken.

(1) OJ L 67, 7.3.1998, p. 29.

(2) OJ L 20, 26.1.1980, p. 43.

(3) OJ L 330, 5.12.1998, p. 32.

(4) OJ L 135, 30.5.1991, as amended by Commission Directive 98/15/EC of 27 February 1998.