WRITTEN QUESTION E-0870/01

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

(22 March 2001)

Subject: Waste dumps from slate quarries in San Pedro de Trones (León, Spain)

Within the town of San Pedro de Trones in the municipality of Puente de Domingo Flórez (León province, Spain) stand two huge waste dumps, the product of slate quarrying by the Piforsa and Pilesa companies. The first dump rises up a mountainside to a height of 800 metres above the town and stands a mere 80 metres from the nearest houses. The cracks in it are such that it risks sliding or collapsing into these houses. The second dump, which towers above a district of the town, threatens to give way at any time. Both dumps, therefore, pose a serious threat to the local residents; for the past two years the government of Castilla y León has been promising measures to remedy and minimise their impact, as well as a management plan for slate quarrying in the area.

What measures does the Commission intend to take to guarantee the application of Directive 85/337/EEC(1) on environmental impact assessments and of Directive 90/313/EEC(2) on the freedom of access to information on the environment?

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

(2) OJ L 158, 23.6.1990, p. 56.

Answer given by Ms Wallström on behalf of the Commission

(15 May 2001)

The Commission is aware of the situation referred to by the Honourable Member.

Acting on the information provided in the Honourable Member's Written Question E-252/99(1), which deplored the existence of huge, unauthorised slate dumps in San Pedro de Trones, the Commission launched an own-initiative investigation and contacted the Spanish authorities to ask for their comments on the situation described.

The Spanish authorities informed the Commission that all the slate mines in San Pedro de Trones had an environmental restoration plan, on the basis of which they had been approved by the competent environmental authorities; copies of the mining permits were also sent to the Commission.

The Spanish authorities have stated that the Piforsa mine mentioned in the written question, situated 683 metres from the nearest houses according to information and maps submitted to the Commission, has the appropriate permit.

The authorities have also informed the Commission that two studies have been carried out since cracks appeared in the heaps: one by the University of Oviedo at the request of Piforsa, the other specifically to study the geotechnical characteristics of the ground between the Piforsa mine and San Pedro de Trones. The two studies conclude that there is no danger for the neighbouring population.

The matter was discussed at the bilateral meeting with the Spanish authorities in Madrid in October 2000. The authorities presented information at the meeting which confirmed that the population was not at risk.

The Spanish authorities have also sent the Commission a development plan for the slate mines, which provides for the restructuring of the slag heaps at San Pedro de Trones.

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), as amended by Council Directive 97/11/EC of 3 March 1997(3), is applicable only to projects which have not yet been authorised, and not to existing installations, with the exception of possible modifications or extensions of such installations which could have a considerable impact on the environment.

In the light of the information provided in the present question, the Commission is unable to identify any infringement of Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment(4).

Under the circumstances and given the information available, the Commission is unable to continue its examination of the situation in the absence of any evidence of an infringement.

However, the Commission does not exclude the possibility of further investigating the problem raised by the Honourable Member should she be able to provide evidence of a breach of Community law.

(1) OJ C 341, 29.11.1999.

(2) OJ L 175, 5.7.1985.

(3) OJ L 73, 14.3.1997.

(4) OJ L 158, 23.6.1990.