WRITTEN QUESTION E-1053/02

by Laura González Álvarez (GUE/NGL) to the Commission

(17 April 2002)

Subject: Atmospheric and noise pollution in Logrezana (Carreño, Asturias, Spain)

Since 1989, the inhabitants of Logrezana, in the municipality of Carreño (Asturias), have been making complaints about the atmospheric and sound pollution arising from a number of slag mills located approximately 300 metres from their houses. These mills are responsible for a high level of potential pollution under the definition in Annex I of Directive No 96/61(1) concerning integrated pollution prevention and control. The machinery used for treating the slag is generating noise levels considered unacceptable by expert opinion.

Despite the inspections carried out by the environment ministry of the Principality of Asturias, no action has been taken to date to implement the corrective measures which are required to put a stop to the environmental effects of these activities, which are damaging the rights of the public to health and a clean environment.

Can the Commission state whether the following directives are applicable to this case:

- Directive 91/156/EEC(2) amending Directive 75/442/EEC(3) on waste, which obliges the Member States to ensure waste recovery without endangering human health and without using processes or methods which could damage the environment;

- Directive 96/61/EC concerning integrated pollution prevention and control;

- Directive 2000/14/EEC(4) on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors?

What action does the Commission intend to take vis-à-vis the competent authorities in order to ensure compliance with Community law and, specifically, the proper implementation of the above directives?

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

(2) OJ L 78, 26.3.1991, p. 32.

(3) OJ L 194, 25.7.1975, p. 39.

(4) OJ L 162, 3.7.2000, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(13 June 2002)

The Commission was unaware of the situation described by the Honourable Member.

The Commission has sent a letter to the Spanish authorities asking for their comments on the situation reported and on their fulfilment of obligations under EU environmental law which may be applicable in the case in point.

The information provided in the Honourable Member's question is not enough to determine absolutely whether the installation concerned is covered by Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (IPPC). In any case, Article 5 of the IPPC Directive provides for transitional arrangements for existing installations (i.e. those put into service before 30 October 1999, the deadline for incorporation of the Directive into national law).

Moreover, following infringement proceedings initiated by the Commission under Article 226 of the EC Treaty, the Court of Justice ruled on 7 March 2002(1) that Spain had failed to incorporate Directive 96/61/EC into national law.

The installation referred to in the written question does not seem to be covered by Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors.

The deadline for the incorporation of Directive 2000/14/EC into national law expired on 3 July 2001. Having received no notification of national implementing measures by that date, the Commission initiated infringement proceedings against Spain. The Spanish authorities have since notified the Commission of measures incorporating Directive 2000/14/EC into Spanish law, namely Royal Decree No 212/2002 of 22 February 2002, published in the Spanish Official Gazette No 52 of 1 March 2002.

At all events, the Commission will, as guardian of the Treaties, take the necessary measures to ensure that Community law is observed in this instance.

(1) Judgment in Case C-29/01.