WRITTEN QUESTION E-2242/97 by Laura González Álvarez (GUE/NGL), Pedro Marset Campos (GUE/NGL) and María Sornosa Martínez (GUE/NGL) to the Commission (2 July 1997)

Subject: Siting of a waste tip in a 100-year-old oak forest in Villamartin de Don Sancho (León, Spain)

Plans to site a tip for solid urban waste from the city of León in Villamartin de Don Sancho have aroused considerable concern among the inhabitants of this district, leading to serious clashes between the public and the

Civil Guard. The local inhabitants, who are being supported by various environmental associations, are strongly opposed to the waste tip, which would lead to the destruction of an oak forest over 100 years old, in good condition and having a recognized ecological value, as well as to the pollution of three aquifers.

The local inhabitants criticize the secrecy with which the viability studies are being carried out in the area where the waste tip is being planned and also the refusal of the authorities of the Regional Government of Castile and León to provide any kind of information on this matter.

1. Is the Commission aware of the situation?

2. Does it not consider that it should press the authorities responsible to carry out a rigorous study in accordance with Directive 85/337/EEC ((OJ L 175, 5.7.1985, p. 40. )) on the assessment of the effects of certain public and private projects on the environment?

3. Does it not consider that, by refusing to provide the inhabitants of Villamartín de Don Sancho with information on the waste tip, the Castile and León authorities are in breach of Directive 90/313/EEC ((OJ L 158, 23.6.1990, p. 56. )) on freedom of access to information on the environment?

4. What representations does the Commission intend to make to the Castile and León authorities to ensure that the following directives are correctly applied:

(a) Framework Directive 75/442/EEC ((OJ L 194, 25.5.1975, p. 39. )), as amended by Directive 91/156/EEC ((OJ L 78, 26.3.1991, p. 32. )), on solid urban waste;

(b) Directive 80/68/EEC ((OJ L 20, 26.1.1980, p. 43. )) on the protection of groundwater against pollution;

(c) Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment?

Answer given by Mrs Bjerregaard on behalf of the Commission (1 August 1997)

1. Yes.

2. Council Directive 85/337/EEC of 27 June 1997 on the assessment of the effects of certain public and private projects on the environment, and more particularly Article 2 thereof, provides that projects that are likely to have a significant impact on the environment, more especially owing to their nature, extent or location must be subject to an assessment of their impact before any authorisation is granted. That provision applies to the projects listed in Annexes I and II to the Directive. Annex II (11)(c) mentions industrial-waste and household-refuse disposal facilities. Under Article 4.2 of the Directive it is for the national authorities to determine when a project covered by Annex II to the Directive must, owing to its characteristics, be subjected to the environmental impact assessment procedure provided for in Articles 5-10 of the Directive.

3. Under Article 3 of Council Directive 90/313/EEC of 7 June 1990 on freedom of access to information on the environment, the public authorities responsible in that area who have in their possession information on the environment, must make such information available to all natural or legal persons so requesting without these being required to demonstrate any interest. The public authority concerned must reply to the interested party as quickly as possible and at the latest within two months. Any refusal to pass on the information requested must be justified. However, on the basis of the information supplied in this written question the Commission is unable to confirm any failure to meet the obligations deriving from Directive 90/313/EEC.

4. The Commission has sent a request for information to the Spanish authorities.