WRITTEN QUESTION E-2645/02

by Antonios Trakatellis (PPE-DE) to the Commission

(20 September 2002)

Subject: Accident at power plant run by the Greek Public Power Corporation (DEI)

The accident which occurred at the DEI plant at Kozani on 24 December 2001 was followed by another at the steam power plant at Megalopolis which severely injured six people. The source of the accident was the combustion and dry bottom ash removal system used in the boiler of Unit III of the Megalopolis plant and the maintenance of the system by DEI despite its inherent operational risks.

In the light of these accidents and the Commission's previous answer that it would investigate whether appropriate information was made available to workers in Greece to avoid such accidents, will the Commission say:

1. what measures it will take given the lack of protective measures taken in Greece at places of work such as those above,

2. how it will ensure compliance with basic health and safety rules at power plants,

3. whether Greece complies, not only with accident prevention measures, but with measures to inform the public, as well as emergency plans which are to be drawn up and tested at regular intervals within the company in accordance with Directive 96/82/EC(1) concerning high-risk enterprises,

4. what measures have been taken against Greece following the judgment in case C-33/2001 that Greece had failed to notify the Commission of companies recovering and managing hazardous waste pursuant to Directive 91/689/EEC(2), and

5. what measures it will take against those responsible who, although they were aware of the weaknesses and risks involved in the system, nevertheless recommended its installation and insisted on using it?

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

(2) OJ L 377, 31.12.1991, p. 20.

Answer given by Mrs Wallström on behalf of the Commission

(12 November 2002)

1. and 2. Regarding the protection of the health and safety of workers at work, Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(1), establishes employer obligations with respect to worker information. In particular, Article 10 of the Directive requires employers to take appropriate measures to ensure that workers receive all the necessary information concerning safety and health risks and protective and preventive measures. The employer must also take appropriate measures so that workers with specific functions in protecting the safety and health of workers have access to certain types of information.

The Directive, which also applies to power plants, has been transposed into Greek law. The Greek authorities are responsible for ensuring that the provisions of the Directive are complied with.

3. Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances was transposed into Greek law by Joint Ministerial Decision 5697/590/16.3.2000. In accordance with the Directive, the Greek legislation provides for the preparation, content and testing of internal and external emergency plans, and for the public to be informed by the competent prefectural council.

4. Article 8(3) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste requires the Member States to send the Commission by 12 December 1994, information for every establishment which carries out disposal and/or recovery of hazardous waste, including name and address, the method used to treat the waste and the types and quantities of waste which can be treated.

In its judgment of 13 June 2002(2), the Court of Justice stated that by failing to send the Commission, within the prescribed period, all the information required under Article 8(3) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste, in the version resulting from Council Directive 94/31/EC of 27 June 1994, the Hellenic Republic has failed to fulfil its obligations under that Directive.

In a letter sent to the Greek authorities in July 2002, the Commission requested information on the measures taken by the Greek authorities to comply with the judgment of the Court. If, having examined the Greek authorities' reply, the Commission considers that Greece has failed to take all the necessary measures to comply with the Court's judgment of 13 June 2002, it will begin infringement proceedings under Article 228 of the EC Treaty.

5. Under the Treaties, the Commission acts to ensure that Community legislation is correctly applied and takes any measures it considers justified to put an end to infringements. However, it does not have the power to take action against the factory

supervisors, who would have to be prosecuted by the Greek authorities. If, in this particular case, the Commission finds that Community law has been breached, it will not hesitate to take the required action against Greece. To facilitate its task, the Commission would ask the Honourable Member to send it any relevant information he may have.

(1) OJ L 183, 29.6.1989.

(2) Judgment of the Court of 13 June 2002, Commission v Hellenic Republic, case C-33/01, not yet published.