WRITTEN QUESTION E-3131/02

by Alexander de Roo (Verts/ALE) to the Commission

(4 November 2002)

Subject: Gas plant at Kirkop, Malta

Multigas Ltd is the main industrial and medical gas producer in Malta which produces and distributes oxygen, nitrogen, carbon dioxide, compressed air, dry ice, acetylene and hydrogen. It complements its production range through imports of various other gases for various applications in the medical, industrial and refrigeration fields.

Multigas Ltd is about to relocate its activities from the existing plant at Hamrun to a new production plant to be built in Kirkop, at a distance of 70 metres from houses and dwellings. The new plant will also be used for the storage of gas cylinders, acetylene and ammonia, a highly dangerous and explosive gas.

The company obtained a permit from the Maltese National Planning authority, based on an Environmental Planning Statement (EPS). This EPS should be the equivalent of the Environmental Impact Assessment that is needed for such a type of projects.

1. Does the European Commission consider an EPS as the equivalent of an EIA, as defined in EU legislation? If not, is the Commission prepared to suggest that the Maltese authorities apply the EIA to this project?

2. In relation to risk-evaluation and risk-assessment, does the new Multigas Ltd facility comply with European legislation, especially Directive 96/82/EC(1) (Seveso II Directive) and the proposed amendment of this Directive?

3. Does the Commission agree with me that the appropriate planned Multigas plant and the houses in Kirkop will be too close to each other?

4. Does the Commission agree that the volume of noise (from the production plant), the increase in traffic noise and the number of transport operations (including the transport of industrial and medical gases) will be detrimental to the social atmosphere in the village of Kirkop?

5. Should the Directive relating to the assessment and management of environmental noise (2002/49/EC(2)) be applicable to this project?

(1) OJ L 10, 14.1.1997, p. 13.

(2) OJ L 189, 18.7.2002, p. 12.

Answer given by Mrs Wallström on behalf of the Commission

(6 January 2003)

1. The authorisation delivered by the Planning Authority for the reallocation of this gas plant has been based on an Environmental Planning Statement (EPS) that has been issued in accordance with the Maltese Environmental Impact Assessment (EIA) law in force at that time. In the absence of evidence that any major breach of Community requirements during the authorisation process for this project have occurred the Commission does not intend at this stage to make any suggestion or request to the Maltese authorities regarding this project.

2. Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (also called Seveso II Directive) aims at the prevention of major accidents involving dangerous substances, and the limitation of their consequences for man and the environment. The Directive applies to chemical plants and storage that hold quantities of dangerous substances beyond certain threshold levels set out in the Directive. According to information received by the Maltese authorities, the gas plant at Kirkop does not come under the Directive.

3. In the absence of adequate detailed information concerning the location of the plant and the risks involved, the Commission is not in a position to express any opinion as to whether the distance of the plant from houses is appropriate or not. Community legislation in force does not establish any concrete limits in this respect and decisions have to be made on a case by case basis.

4. During the environmental assessment procedure of this project, potential negative impacts deriving from noise (from operation of the plant and from road traffic generated) on the population have been assessed. Conclusions are that no significant impacts will occur. In particular concerning noise from traffic increase, the non-technical summary of the environmental impact study explains that the site at Kirkop has direct access to the arterial road. Hence, the traffic generated to and from the site will have no impact on urbanised areas. Besides, the Works Department, now situated in the same industrial site, will move and a net reduction in traffic will result. During operation, the study establishes that provided suitable safeguards are provided, the proposed development should not cause any noise nuisance to nearby Kirkop residents.

5. Malta would have to transpose and implement new Directive 2002/49/EC of the Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise, as any other Member State after accession. Deadline for transposition is 18 July 2004. Malta would then have to comply with obligations of this Directive that calls for the establishment of strategic noise maps and action plans in the vicinity of major transport infrastructures and in agglomerations with more than 250 000 inhabitants in a first phase (2007-2008), and more than 100 000 inhabitants in a second phase (2012-2013).