WRITTEN QUESTION P-2451/00

by Roberto Bigliardo (TDI) to the Commission

(11 July 2000)

Subject: Heat converter to be installed in the municipality of Acerra (Naples)

Is the Commission aware of the serious nature of the steps taken by the President of the Campania Regional Government in Decree No 161 of 26 June 2000, published in the Official Bulletin of the Campania Region, concerning the installation of a heat converter in the ASI area of the municipality of Acerra, work on which is scheduled to start on 7 June 2000, although the town council in a number of unanimous decisions had expressed its opposition to the installation of a plant of this kind?

In particular, the Acerra area is already the location of industries with a worrying environmental impact, such as Montefibre, and the population is seriously concerned at the fact that the surrounding area, between Cassalnuovo and Caivano, contains industrial incinerators and installations of dubious environmental quality. The whole area, according to studies carried out, is a high-risk area for cancer.

Can the Commission therefore approach the Campania Regional Council, above all in order to avoid a conflict of powers with the municipality of Acerra, which has every right to oppose decisions taken over its head and without sufficient reason, and prevail upon it to convene the appropriate meeting not least and in particular in order to prevent any public order problems which might arise as a result of the growing discontent among the population?

Answer given by Mrs Wallström on behalf of the Commission

(7 September 2000)

The Commission is responsible for ensuring that Community law is properly applied within all Member States. On the basis of Article 211 (ex Article 155) of the EC Treaty, in order to ensure the proper functioning and development of the common market, the Commission shall ensure that the provisions of this Treaty and the measures taken by the institutions pursuant thereto are applied. On the basis of Article 226 (ex Article 169) of the EC Treaty if the Commission considers that a Member State has failed to fulfil an obligation under this Treaty, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations. If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice.

Internal conflicts of powers between different bodies of the Italian administration are not relevant at Community level. It is only relevant that Community law be correctly applied.

In the specific case, Community directives on environmental impact assessment (Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(1) and Directive 97/11/EC of 3 March 1985(2), amending Directive 85/337/EEC) would constitute the relevant Community law. The Commission would assess the situation on this legal basis.

However, on the basis of the information given by the Honourable Member and due to a lack of grounds of complaint on the application of Community law, no breach of the above directives can be identified at present.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.