WRITTEN QUESTION P-3498/00

by Jorge Moreira Da Silva (PPE-DE) to the Commission

(6 November 2000)

Subject: Western Landfill Utility (Aterro sanitário do oeste)

On 21 October I visited Cadaval, and met the local population, the Movement for Proper Information about the Western Landfill Utility (MPI), and distinguished Portuguese technical specialists. As a result I was able to verify the fact that Resioeste choice of site for the Western Landfill Utility respects neither rational criteria, nor the local population, nor the environment. Not only because, compared with all the other options, the site chosen is the most costly in economic and social terms, but also, and above all, because it will cause the greatest environmental damage (particularly to the region's water resources). I would add that the entire process has been plagued by appalling administrative obstructions on the part of the Portuguese Government.

The MPI has lodged a timely complaint against the Portuguese Government, impeccably argued in both technical and legal terms, with DG Regio and DG Env.

Since what is at stake is the proper use of Community funds (given that this landfill will be supported by the Cohesion Funds), the conservation of the environment and the wellbeing of the local population, can the Commission tell me:

1. What action which will have to be urgent, given that Resioeste has already begun work on carrying out the landfill is it taking to ensure that Community law is respected?

2. What information was it supplied with by the Portuguese Government?

Answer given by Mrs Wallström on behalf of the Commission

(15 December 2000)

At a meeting in Lisbon on 7 November 2000 the Portuguese authorities gave some preliminary explanations of the situation regarding the controlled urban waste landfill project in Western Portugal, which they were to expand on in a letter to be sent to the Commission by 6 December 2000. They tried to show, amongst other things, that the whole of Western Portugal contains aquifers in permeable ground and that it would therefore have been difficult to choose a site which was not sensitive from the point of view of this environmental aspect.

The Commission is currently analysing the explanations already supplied by the Portuguese authorities. Its analysis is chiefly based on the obligations arising from Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment(1).

The project in question is covered by Annex II to the Directive, i.e. it is a project for which an assessment must be carried out where the Member State in question considers that its characteristics so require. However, the Member States' margin for discretion as to how to conduct an assessment required pursuant to the Directive is limited by Article 2, which stipulates that Member States must adopt all measures necessary to ensure that, before consent is given, projects likely to have significant effects on the environment are made subject to an assessment with regard to their effects.

The project has not been subjected to an impact assessment in accordance with Directive 85/337/EEC. If, having analysed all the Portuguese authorities' explanations, the Commission were to confirm that, in spite of these explanations, the site selected for the project contained aquifers regarded as strategic reserves for the area in question, and that the project was therefore likely to have significant effects on the environment, it would be obliged to make use of the legal instruments provided for in the EC Treaty for ensuring the correct application of Community law.

Finally, the Honourable Member is informed that, in examining the complaint he mentions, the Commission will pay particular attention to compliance with Community financing regulations.

(1) OJ L 175, 5.7.1985.