WRITTEN QUESTION E-4104/98

by Laura González Álvarez (GUE/NGL) to the Commission

(14 January 1999)

Subject: Environmental deterioration in Agüera-San Cucao de Llanera, in Asturias (Spain)

The San Pedro de Agüera Neighbourhood Association has lodged a complaint with the local and regional authorities about the serious environmental deterioration affecting the Agüera-San Cucao de Llanera district in Asturias (Spain) as a result of the industrial activity of the "Caleras de San Cucao" company.

The Public Prosecutor's office is investigating the burning of purifying plant waste mud by this company, and the results of tests carried out in the University of Oviedo's Environmental Technology Laboratory and in the area around the company's plant indicate extremely serious sediment pollution.

The Civil Guard Nature Protection Service (SEPRONA) is now investigating the case, since the "Caleras de San Cucao" ovens may be burning waste from the Baiña-Mieres purification plant without authorisation from the Regional Directorate for the Environment, and this could constitute a major health risk to the area and an infringement of current legislation.

1. Is the Commission aware of this situation?

2. What pressure can the Commission bring to bear on the Spanish authorities with a view to guaranteeing that the following Directives are complied with:

(a) Directive 85/337/EEC(1) on assessing the impact of certain public and private projects on the environment,

(b) Directive 96/61/EEC(2) on integrated pollution prevention and control,

(c) Directive 84/360/EEC(3) on the combating of air pollution from industrial plants,

(d) Directive 96/62/EEC(4) on ambient air quality assessment and management,

(e) Directive 91/156/EEC(5) on waste,

(f) Directive 91/689/EEC(6) on dangerous waste,

(g) Directive 94/67/EEC(7) on the incineration of dangerous waste?

3. Will the Commission inform me as to how this matter is followed up?

Answer given by Mrs Bjerregaard on behalf of the Commission

(26 February 1999)

The Commission had not been aware of the facts mentioned by the Honourable Member.

The Commission does not know whether the sludge incinerator in question has been subjected to the impact assessment procedure provided for by Council Directive 85/337/EEC of 27 June 1985 on the assessment of the impact of certain public and private projects on the environment. It should however be noted that Article 2 of that Directive provides that projects that are likely to have a significant impact on the environment, more particularly as a result of their nature, extent or location, must be subjected to an assessment of their impact before any authorisation is granted. That provision applies to the projects listed in Annex I to the Directive, and to the projects listed in Annex II, where the Member States feel that their characteristics so require.

Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control must be transposed into the national laws of the Member States by at the latest 1 November 1999. Since the final date for implementing the Directive has still not expired that Directive thus still does not apply to the situation described by the Honourable Member.

The Commission is in no position to assess which of the other directives referred to by the Honourable Member could prove to be applicable in this instance.

The Commission has launched an open procedure concerning the facts raised by the Honourable Member. While investigating the matter the Commission questioned the Spanish authorities in order to check compliance with Community law in this instance. The Commission will not fail to inform the Honourable Member of any follow-up in this area.

(1) OJ L 175, 5.7.1985, p. 40.

(2) OJ L 257, 10.10.1996, p. 26.

(3) OJ L 188, 16.7.1984, p. 20.

(4) OJ L 296, 21.11.1996, p. 55.

(5) OJ L 78, 26.3.1991, p. 32.

(6) OJ L 377, 31.12.1991, p. 20.

(7) OJ L 365, 31.12.1994, p. 34.