WRITTEN QUESTION E-2248/96 by David Hallam (PSE) to the Commission (9 August 1996)

Subject: BSE culling incinerators

1. Is there any requirement in European law for the names or corporate identity of potential plant operators to be made public at any particular stage during planning applications for waste incinerators, particularly if that incinerator is to dispose of potentially BSE infected material and hospital and industrial waste?

2. Is there any contravention of European law in locating an incinerator plant disposing of potentially BSE infected material and hospital and industrial waste on a site

(a) directly adjoining a flood plain and streams discharging into major rivers;

(b) less than fifty metres from the nearest domestic residence, and near a large public housing estate and town centre;

(c) near holiday caravan parks, or other tourist or public amenities, given the adverse impact it could have on the local economy?

Answer given by Mrs Bjerregaard on behalf of the Commission (11 November 1996)

According to Article 3 of Directive 90/667/EEC laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in foodstuff of animal or fish origin ((OJ L 363, 27.12.1990. )), animals which are killed in the context of disease control measures either on the farm or in any other place designated by the authorities are to be considered 'high-risk materials'. Therefore, they have to be processed in a plant in which animal waste undergoes treatment or processing in order to destroy pathogens, and which is approved by authorities, or they must be burned or buried. In certain cases, laid down in Article 3(2) of Directive 90/667/EEC (such as for example when a wide-spread epizootic disease leads to a lack of capacity at the high risk material processing plant, or where the animals are infected with or suspected of being infected with a serious disease or contain residues which could constitute a risk to human or animal health and which could survive inadequate heat treatment) burning or burial of the waste is mandatory. Directive 90/667/EEC does not set out any requirement in relation to the incineration of these wastes.

The requirements for incineration installations, are to be found in three other directives. The provisions of Community environmental law which apply to the granting of development consent are contained in Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment ((OJ L 175, 5. 7.1985. )). Projects for the construction of waste-disposal installations for the incineration of toxic and dangerous wastes are subject to the requirements of the Directive in all circumstances. Projects for other waste-disposal installations are subject to the requirements of the Directive if the Member State considers that the project is likely to have significant effects on the environment. The information required to be supplied by the developer in relation to such projects is set out in Article 5 and Annex III of the Directive, and includes descriptions of the proposed operation of the project and its likely significant effects on the environment. Article 8 of the Directive requires this information to be taken into consideration in the development consent procedure. The authorities may authorize a project, even where it has severe adverse effects on the environment or on the local economy.

Council Directive 75/442/EEC on waste (the waste framework directive) ((OJ L 194, 25. 7.1975, amended by Directive 91/156/EEC, OJ L 78, 26. 3.1991. )) requires in Article 4 that Member States shall take the necessary measures to ensure that waste is disposed of without endangering human health and without using processes or methods which could harm the environment, and in particular without risk to water, air, soil and plants and animals, without causing a nuisance through noise or odours and without adversely affecting the countryside or places of special interest. Article 9 of the Directive requires any establishment or undertaking which carries out waste disposal (including incineration) to obtain a permit from the authorities. The permit will cover the types and quantity of waste, the technical requirements, the security precautions to be taken, the disposal site and the treatment method. Permits may be subject to conditions and obligations. A possibility for exemption from the permit requirement exists only for non hazardous waste, and only for establishments or undertakings carrying out their own waste disposal at the place of production. This exemption may only be granted if the Member State has adopted general rules for each type of activity laying down the types and quantities of waste and the conditions under which the activity in question may be exempted from the permit requirements and if the general conditions relating to environmental protection set out in Article 4 of the Directive are respected.

Article 8, paragraph 3 of Directive 91/689/EEC on hazardous waste ((OJ L 377, 31.12.1991. )) requires Member States to send the Commission information for every establishment or undertaking which carries out disposal or recovery of hazardous waste principally on behalf of third parties, and which is likely to form part of the integrated network of disposal installations referred to in Article 5 of Directive 75/442/EEC. This information includes name and address, method used to treat waste and types and quantities of waste which can be treated. The formats for transmission of this information to the Commission were adopted on 17 April 1996 ((OJ L 116, 11. 5.1996. )) (Decision 96/302/EC). Member States have to provide the Commission with the information relevant for 1996 by the end of this year. The name or corporate identity of the operator need not, under Community law, be made public.