WRITTEN QUESTION E-3671/02

by Patricia McKenna (Verts/ALE) to the Commission

(18 December 2002)

Subject: Air pollution caused by ceramics production in Castellón province (Spain)

The EU's legislation on air pollution is based on the legal definition of air quality values, so as to enable each Member State subsequently to regulate emission levels with a view to ensuring the prescribed air quality standards.

In Spain, the legislation on industrial air pollution (except in the case of large combustion plants) is based on Law 38/1972 and Decree 833/1975, which lay down emission limits that are between three and ten times higher than the average for the most industrialised Member States (e.g. Germany, France and Italy).

The requirements for complying with these limits is very low for emissions via chimneys and almost non-existent for fugitive emissions.

In the case of the production of tiles and ceramic frits in Spain, 90 % of which takes place in Castellón province in the Valencia region, the legislative circumstances and the social and economic weight of the industry in the province have created a situation in which there is almost no control over emissions: the current inmission levels for solid particles (PM10) and heavy metals, such as arsenic, chromium and lead, are in excess of the threshold values laid down in the EU's existing or proposed legislation.

In the face of this deterioration in air quality, the Spanish government is failing to comply with either its own legislation or the principles of transparent information, by refusing access to information on air pollution in Castellón province.

Is the Commission aware of this situation in Castellón province, in the context of the high concentration there of tile and ceramic frit production?

Does the Commission not consider that these circumstances are encouraging unfair competition in the EU, with companies being allowed to operate without applying the corrective measures required in their operation licences?

What action will the Commission take to ensure compliance with the Community legislation on industrial atmospheric emissions by this industry in Castellón province?

Answer given by Mrs Wallström on behalf of the Commission

(10 February 2003)

The Commission is aware that the province of Castellón is an important area for the ceramics industry in Spain.

For the time being two legislative instruments concerning the ceramic industry are in place.

The first is the Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants(1). Installations which received a permit for operation after 30 June 1987 are obliged to take preventive measures against air pollution applying best available technology not entailing excessive costs. The authorities are required to ensure that installations which started operation before that date are gradually adapted to best available technology. This Directive, which is in force until 30 October 2007, is applicable to all installations producing ceramics.

The second instrument is Council Directive 96/61/EC, of 24 September 1996, concerning integrated pollution prevention and control (IPPC)(2). Installations which received a permit after 30 October 1999 or which are changed substantially, are obliged to operate in such a way that all appropriate preventive measures are taken against pollution through the application of best available techniques. Existing installations are obliged to operate in compliance with the Directive by 30 October 2007. This Directive is applicable for ceramics producing installations exceeding a certain capacity threshold.

The deadline for the transposition of Directive 96/61/EC expired on 30 October 1999. It must be noted that pursuant to the infringement procedure launched by the Commission, under Article 226 of the EC Treaty, the Court of Justice in its judgement of 7 March 2002(3) has declared that the Kingdom of Spain has failed to fulfil its obligations not having transposed Directive 96/61/EEC into the Spanish law.

The Spanish authorities have communicated to the Commission the Law 16/2002, of 1 July 2002, concerning integrated pollution prevention and control. This law has been published in the Official Journal No 157 of 2 July 2002. This piece of legislation is the transposition of Directive IPPC into the Spanish legal system.

For your information the Commission intends to organise an exchange of information between Member States and the ceramic industry on what constitutes best available techniques in the framework of the IPPC Directive for this sector. The work is expected to start in the beginning of 2003 and should be finalised within about two years.

As required by Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10) and lead in ambient air, the Spanish authorities informed the Commission on the air quality within their territory.

For the province of Castellón, they reported no exceedance of the limit values laid down by the Directive for PM10 and lead. The Commission will write to the Spanish authorities asking whether their assessment of air quality covers the areas close to ceramics production sites. Currently, there is no Community legislation regulating ambient air concentrations of any other heavy metals.

(1) OJ L 188, 16.7.1984.

(2) OJ L 257, 10.10.1996.

(3) Case C-29/01.