WRITTEN QUESTION E-2044/97 by Laura González Álvarez (GUE/NGL), Pedro Marset Campos (GUE/NGL) and María Sornosa Martínez (GUE/NGL) to the Commission (13 June 1997)

Subject: Construction of a toxic waste treatment and processing plant in Baracaldo (Vizcaya, Spain)

Toxic waste derived from lindane, a pesticide, is causing severe environmental problems in the district of Baracaldo (Vizcaya, Spain).

The Basque authorities intend to build a plant for the treatment of lindane in pure form, which will be processed into trichlorobenzene, a highly toxic and polluting product.

The project has aroused deep concern among the public, for various reasons:

- the plant's proximity to built-up areas, such as the Hospital de Cruces,

- the fact that it involves a highly toxic and hazardous product,

- the dangers it could pose to public health and the environment.

1. Does the Commission know whether the project is being funded by the EU?

2. Does it not consider that the project should fulfil the general requirements of Directive 96/61/EEC ((OJ L 257, 10.10.1996, p. 26. )) on integrated pollution prevention and control?

3. What representations does the Commission intend to make to the relevant authorities to ensure that Directive 91/689/EEC ((OJ L 377, 31.12.1991, p. 20. )) on hazardous waste is properly applied, together with Community legislation on waste?

4. Does the Commission know whether an environmental impact assessment has been carried out in accordance with Directive 85/337/EEC ((OJ L 175, 5.7.1985, p. 40. ))?

5. Is the Commission aware of the health risks posed by a plant of this kind, located in a densely-populated area?

Answer given by Mrs Wulf- Mathies on behalf of the Commission (24 July 1997)

1. On 17 December 1996, the Commission decided to finance under the Cohesion Fund the project for the construction in Baracaldo of a plant for the treatment of lindane in pure form, to be processed into trichlorobenzene. The purpose of the project is precisely to solve the environmental and public health problems generated by the existence of this product classified as being toxic, an irritant and hazardous to the environment.

2. Council Directive 96/61/CE ((OJ L 257, 10.10.1996. )) of 24 September 1996 concerning integrated pollution prevention and control is not yet applicable. Indeed, Member States must transpose it into national law by 30 October 1999 at the latest.

3. Spain has not yet communicated the national measures for transposing Council Directive 91/689/EEC ((OJ L 377, 31.12.1991. )) of 12 December 1991 on hazardous waste. The Commission brought an action to the Court of Justice against Spain for failure to fulfil an obligation under Article 169 of the EC Treaty (Case C-72/97). The Court of Justice has not yet given its judgement. Moreover, by judgement pronounced on 5 June 1997, the Court of Justice condemned Spain for not having transposed Directive 91/156/EEC ((OJ L 78, 26.3.1991. )) of 18 March 1991 amending Directive 75/442/EEC on waste within the time limit set by Article 2 thereof (1 April 1993).

4. The Commission confirms that the project for the plant for the treatment of the hexachlorocyclohexane in question was subject to the environmental impact assessment procedure in accordance with Council Directive 85/337/EEC ((OJ L 175, 5.7.1985. )) of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment. The declaration on the project's environmental impact was published in the Boletin Oficial del País Vasco No 166 of 30 August 1996.

5. The environmental impact study in question establishes that the transformation of lindane into trichlorobenzene constitutes the optimum solution to the problem on account, in particular, of the following factors: on the one hand, treatment on the spot avoids any risk of volatilization of the lindane and subsequent contamination during transport, and on the other, the plant is a temporary installation and will be destroyed after the processing of 4 500 tonnes of pure lindane.