WRITTEN QUESTION E-3860/00

by Heidi Hautala (Verts/ALE) to the Commission

(8 December 2000)

Subject: Discharge of dangerous substances in the basin of the River Segura (Spain)

In the Autonomous Regions of Valencia and Murcia the basin of the River Segura is being seriously polluted by the discharge of dangerous substances(1). Furthermore, the polluted water flowing in the River Segura and its tributaries is used to water crops as it passes through the province of Alicante. This is a serious agricultural and environmental problem, since the water is unsuitable for irrigation. A tributary of the Segura in the province of Murcia, the River Guadalentin, is seriously polluted with chromium. According to studies carried out by a number of laboratories, the effluent discharged into this river contains 2 576 micrograms of chromium III per litre and 231 micrograms of chromium VI per litre, amounting to a total of 2 807 micrograms of chromium. The FAO's international standards recommend that water used for irrigation should not contain more than 100 micrograms. Scientific studies carried out by the University of Murcia and the Miguel Hernández University confirm the scale of the problem. According to these studies, the waters of the River Segura contain pollutants on List I of Council Directive 76/464/EEC(2) of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community. These substances are cadmium and organohalogen compounds. The study carried out by the University of Murcia also indicates the presence of chromium and nickel, substances included on List II of the Directive.

1. Does the Commission not consider that Spain is infringing Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community, Directive 83/513/EEC(3) on limit values and quality objectives for cadmium discharges and Directive 84/491/EEC(4) on limit values and quality objectives for discharges of hexachlorocyclohexane?

2. Have the competent national authorities told the Commission what caused the presence, in the waters of the River Segura, of quantities of dangerous substances far exceeding the limit values, thereby constituting a public health risk?

3. What measures has the Commission adopted or does it consider adopting to tackle this situation?

(1) 360 000 tonnes of solid waste and 132 000 tonnes of agricultural and industrial urban organic substances are discharged into the basin of the River Segura, its tributaries and the water table, causing serious environmental damage and posing a grave danger to the health of the inhabitants of those areas.

(2) OJ L 129, 18.5.1976, p. 23.

(3) OJ L 291, 24.10.1983, p. 1.

(4) OJ L 274, 17.10.1984, p. 11.

Answer given by Mrs Wallström on behalf of the Commission

(27 February 2001)

As this is primarily a matter of the general pollution of water by dangerous substances, the Commission is aware of the problems in Spain in implementing Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community(1), and other directives in the same sector, such as Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium discharges(2) and Council Directive 84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of hexachlorocyclohexane(3). It should be noted that, following the infringement procedure initiated by the Commission against Spain under Article 226 (formerly Article 169) of the EC Treaty, the Court of Justice condemned Spain(4) for failure to implement programmes to reduce the pollution of water by certain dangerous substances in List II of the Annex to Directive 76/464/EEC, contrary to the provisions of Article 7 of that Directive.

It should also be noted that the Commission initiated another infringement procedure against Spain after various problems of pollution were brought to its attention through complaints and Parliamentary questions following the failure to respect the provisions of the abovementioned Directive 76/464/EEC. The pollution of the River Segura is covered by this procedure, under which the Commission has delivered a reasoned opinion to Spain. This infringement procedure is still in progress.

The Commission is now examining the measures adopted by the Spanish authorities and notified by them following the abovementioned condemnation by the Court of Justice. Among these measures mention should be made of the adoption of hydrological basin plans for the inland waters concerned. Incidentally, Law No 29/1985 on water was significantly amended in this context by Law No 46/1999. The Spanish authorities have also forwarded a report from the Ministry for the Environment on programmes drawn up to reduce pollution from the substances in List II referred to in Article 7 of Directive 76/464/EEC. They have also notified the Commission of the adoption of Royal Decree 995/2000 of 2 June por el que se fijan objetivos de calidad para determinadas sustancias contaminantes(setting quality objectives for certain dangerous substances).

Whatever the situation, in its role as the guardian of the Treaties and with the instruments at its disposal the Commission will take the necessary measures to ensure that Community law governing this particular matter is observed.

(1) OJ L 129, 18.5.1976.

(2) OJ L 291, 24.10.1983.

(3) OJ L 274, 17.10.1984.

(4) Judgment of 25.11.1998. Case C-214/96.