WRITTEN QUESTION E-2252/99

by Pedro Marset Campos (GUE/NGL) to the Commission

(1 December 1999)

Subject: Environmental deterioration in Arce (Piélagos-Cantabria, Spain)

The lack of any controls on the operations carried out at the Laherran and Hormisa quarries in Arce (Cantabria) is causing the local population grave concern. Activity at both quarries, currently consisting of sand and cement extraction, stone crushing, an agglomerate plant and a concrete plant has increased considerably. All of this means that there has been an increase in dust, noise and vibration from explosions, and, on top of this, the constant flow of heavy vehicles through the village, at great risk to the local population, given the absence of any adequate traffic infrastructure.

The situation has lead to over a hundred protests being made to the local authorities and the government of the autonomous region, but local people's requests to the appropriate authorities for information about the local authority licences of the quarries have failed to produce a solution to the problem.

Given that there is a scheme to extend the installations at one of the quarries, and a plan to build a dry mortar factory, I would ask:

1. Is the Commission aware of this situation?

2. Does the Commission not believe that Community environmental legislation is being violated, since the work being done by these companies comes under the heading of irritating, unhealthy, harmful and dangerous industrial activity taking place a few metres from private housing?

3. Will the Commission approach the relevant authorities with a view to ensuring that the following directives are complied with:

(a) 85/337 /EEC(1) on the assessment of the effects of certain public and private projects on the environment;

(b) 96/61/ EEC(2) on integrated pollution prevention and control;

(c) 92/43/ EEC(3) on the conservation of natural habitats and wild fauna and flora;

(d) 87/216 /EEC(4) on the major-accident hazards of certain industrial activities?

4. Will the Commission urge the competent authorities to carry out an urgent investigation of the licences of the existing quarries, and to draw up a technical study of each of the companies located in Arce, with a view to implementing a specific plan for dealing with these companies?

(1) OJ L 175, 5.7.1985, p. 40.

(2) OJ L 257, 10.10.1996, p. 26.

(3) OJ L 206, 22.7.1992, p. 7.

(4) OJ L 85, 28.3.1987, p. 36.

Answer given by Mrs Wallström on behalf of the Commission

(17 January 2000)

The Commission was not aware of the situation to which the Honourable Member refers.

There are no specific Community rules governing unhealthy, uncomfortable or dangerous establishments. Only Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control indirectly covers certain establishments of this type. This Directive should have been transposed into national law by 1 November 1999 at the latest. Spain has not yet notified the Commission of any measures transposing it into Spanish law. Consequently, the Commission will shortly initiate an infringement procedure against Spain under Article 226 of the EC Treaty (ex Article 169).

The Commission does not know whether the quarries in question have been made subject to an environmental impact assessment as provided for in Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment. However, we would point out that Article 2 of the Directive provides that projects likely to have significant effects on the environment by virtue of their nature, size or location must be made subject to an assessment with regard to their effects before authorisation is granted. This provision applies to the projects listed in Annex I to the Directive. It also applies to the projects listed in Annex II, where Member States consider that their characteristics so require. The extractive industry is listed in Annex II. Consequently, a project of this kind should be made subject to an assessment, in accordance with Articles 5 to 10 of the Directive, where the Member State considers that its characteristics so require. The area in question has not been identified by the Spanish authorities as a Site of Community Importance (SIC) for inclusion in the Natura 2000 network. The village of Arce is situated at a distance of 1 to 2 kilometres from a SIC proposed by Spain, on the banks of the river Pas.

The Spanish authorities are responsible for ensuring that the operations at the quarries do not infringe the provisions of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of natural fauna and flora. On the basis of the information provided by the Honourable Member, the Commission cannot presume that the provisions of the said Directive have been infringed.

With regard to the application of Council Directive 82/501/EEC of 24 June 1982 on major-accident hazards of certain industrial activities(1), known as the Seveso Directive, amended by Directive 87/216/EEC, it should be noted that this Directive was replaced on 3 February 1999 by Directive 96/82/EC(2), known as Seveso II. The latter excludes from its field of application the activities of the extractive industries concerned with exploration for, and the exploitation of, minerals in mines and quarries or by means of boreholes.

(1) OJ L 230, 5.8.1982.

(2) OJ L 10, 14.1.1997.