EN Official Journal of the European Union CE 78/231

(2004/C 78 E/0234)

WRITTEN QUESTION P-3160/03

by Ioannis Averoff (PPE-DE) to the Commission

(20 October 2003)

Subject: Authorisation for the construction of a landfill site in the prefecture of Ioannina

Through its decision No 364/22.8.2003 the region of Epirus gave a favourable opinion on the implementation of the project to construct a landfill site in Geroplatanos-Phteri, in the municipality of Kalpakion, Ioannina prefecture. A supplementary opinion (No 3989/1.10.2003) places the landfill site in Kidonies, in the parish of Vassilikon, which falls within the municipality of Ano Pogoniou.

The proposed project lacks public acceptance for the following reasons:

— the preliminary environmental assessment shows that from the hydrogeological point of view this site is the least favourable of all the sites considered (high soil permeability and possible link with the rivers Aoo and Kalama, as well as the closed basin of the Pamvotida lake);

— there is a fissure at the site, and the study stated that its dynamics could not be documented. It might be pointed out that the region is situated in a category I seismic zone, and not in a category II zone as stated in the study;

— the requisite opinion of the Ioannina forestry commission (2606/14.8.2003) clearly states that the study cannot be considered definitive, given that the preparatory documentation did not include the necessary topographical charts;

— the site is located a very short distance away from the Vikos-Aoos, a Natura 2000 area, and comprises protected woodland;

— the proposed site is 55 kilometres away from the area where the waste will be produced.

In this context, and bearing in mind that funding has been requested for this project from the Cohesion Fund, can the Commission say whether Directives 1999/31/EC (1) on the landfill of waste, 75/442/EEC (2) and 97/11/EC (3) have been complied with in the above case?

Answer given by Mrs Wallström on behalf of the Commission

(12 November 2003)

Based on a considerable number of complaints concerning the operation in Greece of illegal or uncontrolled landfills, where waste disposal endangers human health and harms the environment, the Commission initiated an infringement procedure against Greece under Article 226 of the EC Treaty. The Greek authorities recognised that 1399 illegal or uncontrolled landfills were still operating at the end of 2002, and they declared that all illegal landfills would be closed by the end of 2007 and would be replaced by permanent waste management installations. Since Greece had failed to comply with the Community legislation on waste, the Commission decided on 9 July 2003 to bring the matter before the European Court of Justice.

Although Member States are obliged, under Council Directive 75/442/EEC of 15 July 1975 on waste as amended by Council Directive 91/156/EEC of 18 March 1991 (4), to ensure that waste is recovered or disposed of without endangering human health and without harming the environment, the selection of disposal methods and of suitable disposal sites or installations is a matter for the competent national authorities. In particular, the landfilling of waste must be done in accordance with the technical standards and procedures laid down by Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste.

The construction of landfills is subject to development consent being granted and an assessment of their impact on the environment. This should be carried out following the requirements of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (5), as amended by Council Directive 97/11/EC of 3 March 1997. This Directive sets out a series of procedures for projects requiring an environmental impact assessment, mainly the preparation of an environmental impact study, the information of the public and consultations with the public and other competent authorities.

On the basis of the existing information, it appears that the environmental assessment of the project is ongoing. The construction of the landfill will be subject to the approval of the competent national authorities, which will either reject the project or will approve it subject to environmental conditions and restrictions on the performance of the activity, particularly with regard to location, scale, type, technology used and general technical characteristics. Therefore, the Commission considers that, at this stage, there is no infringement of Community environmental legislation, since the project is not yet approved and its authorisation is ongoing.

Regarding the Cohesion Fund, to date the Commission has received no request for cofinancing for this project from the competent Greek authorities. If such a request were submitted in the coming weeks or months, it would be examined in accordance with the rules and procedures in force.

(1) OJ L 182, 16.7.1999, p. 1.

(2) OJ L 194, 25.7.1975, p. 39.

(3) OJ L 73, 14.3.1997, p. 5.

(4) OJ L 78, 26.3.1991.

(5) OJ L 175, 5.7.1985.