WRITTEN QUESTION E-3320/97 by Alexandros Alavanos (GUE/NGL) to the Commission (20 October 1997)

Subject: Illegal transport and dumping of nuclear waste

Greenpeace has alleged that the transport and storage of nuclear and other toxic waste is now partly controlled by illegal organisations. The Italian authorities have already begun investigations into illegal dumping in the Mediterranean. The file published by Greenpeace refers to the multinational company, Oceanic Disposal Management (ODM), based in Lugano, a subsidiary of an organisation called 'The Network' which is involved in the illegal transport of the above waste and has offices in Germany, Austria, France, Italy, Russia, the UK and Switzerland.

Can the Commission:

1. Provide information on the scale of the problem; and

2. Say what measures it intends to take to identify the above illegal organisations?

Joint answer to Written Questions E-3234/97 and E-3320/97 given by Mrs Bjerregaard on behalf of the Commission (4 December 1997)

The Commission does not have the information published by Greenpeace, according to which responsibility for transport and treatment of toxic and nuclear waste has fallen into the hands of the Mafia. Indeed the Commission has no competence as regards criminal matters. The Commission is therefore unable to provide information on the scale of the problem, but, on the basis of the information provided by the Honourable Members, it would make the following observations.

The Convention for the protection of the Mediterranean Sea against pollution (Barcelona Convention) and its Protocol for the prevention of pollution of the Mediterranean Sea by dumping from ships and aircraft entered into force for the Community on 15 April 1978. Article 4 of the Protocol prohibits the dumping in the Mediterranean Sea of radioactive waste and radioactive matter, as well as a broad range of other categories of hazardous wastes listed in Annex I. The dumping of other categories of wastes into the Mediterranean Sea is not prohibited as such but is subject to the issuing of a permit by the authorities, either a specific permit (for categories listed in Annex II) or a general one.

In addition, as regards hazardous waste, Article 2.3 of Directive 91/689/EEC on hazardous waste ((OJ L 377, 31.12.1991. )) provides that Member States shall take the necessary measures to require that on every site where tipping or discharge of hazardous waste takes place the waste is recorded and identified.

The company which Greenpeace holds responsible for the sinking of the vessels in the Mediterranean is based in Lugano, Switzerland. Switzerland is not a member of the European economic area (EEA) Agreement and is therefore not obliged to apply Community legislation. Nevertheless, it appears that this company also has offices in a number of Member States. In any case, any disposal operation such as release of waste into seas which is carried out in an area under the jurisdiction of a Member State, would have to obtain a permit in accordance with the provisions of Directive 75/442/EEC on waste ((OJ L 194, 25.7.1975. )).

As regards transboundary movements of hazardous waste, these are regulated by Council Regulation (EEC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community ((OJ L 30, 6.2.1993. )) or by Council Directive 92/3/Euratom on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community ((OJ L 35, 12.2.1992. )) as regards radioactive waste. Pursuant to Article 14 of this Regulation, exports of hazardous waste destined for final disposal out of the Community are prohibited, except to EFTA countries.

Article 11 of the Directive prohibits shipments of radioactive waste either to a destination south of latitude 60° south, a state party to the fourth African, Caribbean and Pacific (ACP)-Community Convention which is not a member of the Community, or to a third country which, in the opinion of the authorities of the country of origin, does not have the technical, legal or administrative resources to manage the radioactive waste safely.

Shipments for final disposal between Member States are allowed if the shipment has been notified and authorisation has been given by all authorities involved in the shipment, i.e. the authorities of the countries of dispatch, destination and transit, prior to its execution. A shipment can only be authorised if the installation carrying out the treatment of the waste is appropriately licensed and if the environmentally sound management of the waste is ensured. The actual shipment has to be accompanied by a movement or tracking form and, within 180 days of receipt of a shipment of hazardous waste (within two weeks in the case of a shipment of radioactive waste), the consignee has to send a certificate of disposal to the notifier and the authorities concerned.

If the above conditions are not fulfilled, a shipment is deemed to be illegal traffic. As regards cases of illegal traffic of hazardous waste, Article 26 of Regulation (EEC) 259/93 requires action to be undertaken within 30 days from the time when the authority was informed of the illegal traffic. Such action consists of the alternative environmentally sound management of the waste and - in certain cases - a take-back obligation. In addition, pursuant to Article 26.5, Member States are obliged to take appropriate legal action to prohibit and punish illegal traffic. Member States are, however, not obliged to notify the Commission of cases of illegal traffic.

As regards shipments of hazardous waste within a Member State, Member States shall establish an appropriate system for the supervision and control of shipments of waste within their jurisdiction. This system should take account of the need for coherence with the Community system established by Regulation (EEC) 259/93 (Article 13).

Finally, according to Directive 93/75/EEC which sets notification requirements for vessels carrying dangerous or polluting goods, including radioactive substances, the operator of a ship leaving a port of a Member State has the obligation to notify details on the ship and its cargo to the relevant competent authorities of this Member State. Member States have to adopt national legislative or administrative provisions in order to ensure compliance with this requirement.

In view of the above, it is difficult for the Commission to identify the alleged illegal actions and organisations in relation to the sinking of vessels with waste in the Mediterranean. The Commission will, however, address in the first instance the Swiss and the Italian authorities with a view to obtaining their opinion and possibly more information on this serious matter.