WRITTEN QUESTION E-1277/02

by Monica Frassoni (Verts/ALE) to the Commission

(6 May 2002)

Subject: The paper mill in Tolmezzo (Udine) and Prime Ministerial Decree of 14 February 2002

A few weeks ago the courts placed the paper mill at Tolmezzo (UD) under distraint, since it had been discovered that waste from the mill had entered the local sewerage system, was highly polluted and most of it was discharged into the river Tagliamento without even passing through the local depuration plant. It exceeded all the legal limits, especially for ammonia, BOD, sulphites, phenols, surface-active agents, nitrites, nitrates and hydrocarbons, thereby seriously endangering and damaging the environment and the river.

On 14 February 2002 and in accordance with Law No 225 of 24 February 1992 on civil protection, the Italian Government issued a Prime Ministerial Decree declaring a socio-environmental state of emergency as regards the depuration of waste water in the municipality of Tolmezzo and appointed the President of the Region of Friuli-Venezia Giulia as commissioner for the emergency. The following day he authorised the discharge of waste from the Tolmezzo paper mill under current conditions, pending detailed investigations.

Law No 225 of 1992, designed to tackle emergencies and natural disasters, was used not to deal with pollution in order to safeguard the environment, but for the opposite purpose to cope with the disaster of the closure of the paper mill, thereby justifying infringement of the law and opening the way to any Italian business wanting to have a licence to pollute, by means of the law on civil protection, when under threat of closure and the resulting redundancies.

All this is in blatant contrast with Community directives 76/464/EEC(1) (on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community) and 91/271/EEC(2) (concerning urban waste-water treatment) and can the Commission therefore say whether it intends to take steps to counter Italy's infringement of Community law?

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

(2) OJ L 135, 30.5.1991, p. 40.

Answer given by Mrs Wallström on behalf of the Commission

(12 June 2002)

The Commission has the task of ensuring the correct application of Community law, in the light of the powers conferred on it by the EC Treaty. As the Guardian of the Treaty, it does not hesitate to take all necessary measures, including infringement procedures under Article 226 of the EC Treaty, in order to ensure the observance of Community law.

In the specific situations referred to by the Honourable Member, Council Directives 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community and 91/271/EEC of 21 May 1991 concerning urban waste-water treatment constitute the possibly relevant Community law.

As it has not previously been aware of the situation described by the Honourable Member, the Commission will take the appropriate steps in order to gather detailed information about it and to ensure, within the limits conferred on it by the EC Treaty, the compliance with Community law.

Should the Commission come to the conclusion that Community law is being breached in the specific case, it will not hesitate, as the Guardian of the Treaty, to take all necessary measures, including infringement procedures under Article 226 of the EC Treaty, in order to ensure the compliance with relevant Community law.