WRITTEN QUESTION E-2336/02

by David Bowe (PSE) to the Commission

(26 July 2002)

Subject: Petroleum coke as a fuel in large combustion plants

Does the Commission approve or disapprove of the use of petroleum coke as a fuel in large combustion plants within the European Union, given that it contains high levels of vanadium and nickel and has been shown to pose certain health problems for workers handling the material? Can the Commission give its reasons for or against the use of this fuel?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(23 September 2002)

Directives 88/609/EEC(1) and 2001/80/EC(2) on the limitation of emissions of certain pollutants into the air from large combustion plants allow the fuelling of these plants with petroleum coke. These directives lay down stringent limit values for the emission of pollutants into the air, including dust, with a view to reducing air pollution. These limit values should also decrease the emissions of substances associated with dust, e.g. heavy metals like nickel and vanadium.

The applicable EU health and safety at work legislation is in this case Council Directive 89/391/EEC(3) on the introduction of measures to encourage improvements in the safety and health of workers at work, Council Directive 98/24/EC(4) on the protection of the health and safety of workers from the risks related to chemical agents at work and Council Directive 90/394/EEC(5) on the protection of workers from the risks related to exposure to carcinogens at work. These directives clearly establish the employer's obligations and lay down the preventive measures to be taken to avoid the occurrence of health hazards.

It is important to note that the national authorities in each Member State are responsible for the correct transposition of these directives and enforcing the national legislation transposing the directives. However, the Commission has the right to take appropriate steps, including the opening of an infringement procedure under Article 226 EC, in cases of malfunctioning of the relevant control mechanisms.

(1) Council Directive 88/609/EEC of 24 November 1988 on the limitation of certain pollutants into the air from large combustion plants; OJ L 336, 7.12.1988.

(2) Council Directive 2001/80/EEC of 23 October 2001 on the limitation of certain pollutants into the air from large combustion plants; OJ L 309, 27.11.2001.

(3) Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work; OJ L 183, 29.6.1989.

(4) Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC); OJ L 131, 5.5.1998.

(5) Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work (Sixth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC); OJ L 196, 26.7.1990; as amended by Council Directive 97/42/EC of 27 June 1997 and Council Directive 1999/38/EC of 29 April 1999 OJ L 179, 8.7.1997 and OJ L 138, 1.6.1999.