WRITTEN QUESTION E-0039/03

by Renato Brunetta (PPE-DE) to the Commission

(21 January 2003)

Subject: A major accident, within the meaning of Article 3 of Directive 96/82/EC of 9 December 1996 (Seveso II), at the petrochemical works in Porto Marghera on 28 November 2002

Knowing that:

- on 28 November 2002 there was a major accident as defined in Article 3 of Directive 96/82/EC(1) of 9 December 1996, known as Seveso II inside the petrochemical works at Porto Marghera (Venice, Italy), where a large explosion, followed by a fire, occurred in two stores of chlorinated pitch, causing the uncontrolled release of toxic substances such as dioxins. Four people were injured in the explosion and the entire population of the built-up areas of Marghera and Mestre (around 200 000 people) were put on a state of alert and urged to stay at home;

- DCE and VCM are carcinogenic substances included in Annex I, Part I of the Seveso II Directive;

- in June 2000 the company owning the plants submitted to the Ministry for the Environment an environmental compatibility application for a project to step up the production capacity of both VCM and DCE;

- the assessment carried out by the National Committee for Environmental Impact Assessment concluded with a negative opinion (1 August 2002) and the opinion of the Ministry for Cultural Assets and Activities was also negative;

- environmental impact assessment is an instrument allowing the population and institutions to be acquainted with the contents of the investigation report and the final opinion adopted by the committee, thereby implementing one of the fundamental principles of environmental impact assessment informing the public.

Can the Commission say:

- why, more than five months after the EIA committee delivered its opinion, has the Minister for the Environment not taken steps to issue a decree announcing the environmental incompatibility of the application to increase the production of VCM and DCE;

- why, in the current Community legislative context, it has not yet launched a global inspection of all the chemical plants in Porto Marghera, which pose a real danger to security and the health of the resident population and workers?

(1) OJ L 10, 14.1.1997, p. 13.

Answer given by Mrs Wallström on behalf of the Commission

(3 March 2003)

The Commission's powers are limited to those conferred on it by the EC Treaty. Under Article 211, the Commission is responsible for ensuring that Community law is properly applied within all Member States. Therefore, it has the power to check how Member States apply Council Directive 96/82/EC of 9 December 1996 on the control of major-accident

hazards involving dangerous substances(1), but it has not the power to replace Member States in their responsibilities. Under Article 18 of Directive 96/82/EC, it is up to the authorities of the Member States to organize a system of inspections, or other control measures appropriate to the type of establishment concerned. Therefore, the Commission is not competent to launch inspections of plants covered by the Directive.

However, as it is not aware of the specific situation described by the Honourable Member, the Commission will take the appropriate steps in order to gather detailed information about it and to ensure, within the limits conferred on it by the Treaty, the compliance with Community law.

The Italian decree finalising the environmental impact assessment (EIA) procedure on the project to increase the production capacity of both vynil chloride monomer (VCM) and dichloretane (DCE) at Porto Marghera (EIA decree) is not relevant, at this stage, in itself under Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(2), after amendments by Council Directive 97/11/EC of 3 March 1997(3). It may become relevant if and when a development consent is granted.

Under Article 9 of the Directive When a decision to grant or refuse development consent has been taken, the competent authority or authorities shall inform the public thereof in accordance with the appropriate procedures and shall make available to the public the following information:

- the content of the decision and any conditions attached thereto,

- the main reasons and considerations on which the decision is based,

- a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects.

Based on the information given by the Honourable Member, the Commission observes that the decision to grant or refuse development consent has not been adopted yet in this specific case. Therefore, at present, the lack of publication of the Italian EIA decree is not relevant under the Directive and no breach of Directive 85/337/EEC, as amended, can be identified.

(1) OJ L 10, 14.1.1997.

(2) OJ L 175, 5.7.1985.

(3) OJ L 73, 14.3.1997.