WRITTEN QUESTION E-1934/98

by Outi Ojala (GUE/NGL) to the Commission

(18 June 1998)

Subject: Condition of the Kymijoki river

The Kymijoki, Finland's fourth-largest river, is situated in an area affected by the timber processing and chemical industries and was for many years badly polluted. Over the past 15 years the state of the river has improved noticeably thanks to new processes in the cellulose industry and a reduction in waste water. However, in spite of the fact that emissions have ceased, decades-old organochloride compounds from bleaching are still present in the sludge at the bottom of the river and its delta, including chlorine catechols, guaiachols and cymenes. KY-5 - chlorophenyl products were manufactured to prevent timber from becoming blue-stained, and during the production process unwanted byproducts also arose, the presence and harmful nature of which was not realized in the early years of production. In particular the total content of toxic PCDD and PCDF compounds is high in this area and exceed by between ten and a hundred times the limit values set for polluted soil. There has also long been a problem with mercury in the Kymijoki area and the sea area into which it drains.

Is the Commission aware of the state of the Kymijoki and the fact that there is a high concentration of chlorodioxins at the bottom of the river? Is the Commission aware that the planned Kymijoki canal may entail significant environmental risks? Can the Commission intervene to prevent a possible environmental disaster?

Answer given by Mrs Bjerregaard on behalf of the Commission

(14 September 1998)

The Commission does not have any detailed information on the state of the Kymijoki river and, in particular of chlorinated dioxins in the river sediments.

According to the information available, the suspected pollution of the Kymijoki river is caused by polluted sediments in the river bed. There is currently no Community legislation in place which specifically requires Member States to remedy polluted river beds. The chlorinated organic substances which are indicated in the question (chlorinated dioxins and other chlorinated organic compounds) fall into the category of the list II substances defined in the Annex of Council Directive 76/464/EEC on the pollution caused by certain dangerous substances discharged into the aquatic environment of the Community(1). Article 7 of requires Member States to authorise all discharges of list II substances. In the permits, emission standards must be laid down which are based on quality objectives. This provision is applicable to all significant discharges within the Kymijoki river basin. From the information which the Commission received it is not possible to judge whether such discharges still exist in the Kymijoki river basin.

As to discharges of mercury, Council Directives 82/176/EEC(2) and 84/156/EEC(3) lay down Community wide emission limit values for certain industrial sectors. From the obtained information it is, however, not possible to assess whether such discharges exist within the Kymijoki river basin. The Commission is not aware of any specific information on the possible environmental risks connected with a planned Kymijoki canal.

According to Article 2 of Council Directive 85/337/EEC(4) on the assessment of effects of certain public and private projects on the environment, amended by Council Directive 97/11/EC(5) Member States shall adopt all measures necessary to ensure that, before consent is given, projects likely to have significant effects on the environment by virtue inter alia of their nature, size or location are made subject to an assessment with regard to their effects. If the planned canal will be an inland waterway which permits the passage of vessels of over 1350 tonnes, the activity falls under Annex I of Council Directive 85/337/EEC and requires according to Article 4, paragraph 1 a mandatory environmental impact assessment. Any other construction of canals falls under the category of activities in Annex II, 10 of this Directive. According to Article 4, paragraph 2 an environmental impact assessment shall be carried out for such an activity if Member States consider that the characteristics of the project so require. This could be the case if the planned construction activities cause a significant pollution of the Kymijoki river, for example due to the moving of buried sediments.

It is the obligation of Finland as a Member State to respect this legislation. The Commission controls the application of the Community law, and when necessary, it can start infringement proceedings under Article 169 of the EC Treaty.

(1) OJ L 129, 18.5.1976.

(2) OJ L 81, 27.3.1982.

(3) OJ L 74, 17.3.1984.

(4) OJ L 175, 5.7.1985.

(5) OJ L 73, 14.3.1997.