WRITTEN QUESTION P-2879/97 by Johanna Boogerd-Quaak (ELDR) to the Commission (1 September 1997)

Subject: Integrated pollution prevention and control, and access to information

1. Is the Commission aware of the pollution of the soil and the crops grown on it which has been identified in Zelzate, Belgium, and has the Commission considered it in the light of the relevant European legislation?

2. As this is an instance of crossborder environmental pollution with public health aspects, can the Commission indicate whether the approach adopted by the Belgian authorities and the VFT refinery complies with Directive 96/61/EC ((OJ L 257, 10.10.1996, p. 26. )) on integrated pollution prevention and control?

3. Did the parties concerned supply information promptly and correctly pursuant to Articles 15 and 16 of the aforementioned Directive and pursuant to Council Directive 90/313/EEC ((OJ L 158, 23.6.1990, p. 56. )) on the freedom of access to information on the environment?

4. So far as I am aware, information is currently exchanged on the basis of bilateral agreements. Do these sufficiently guarantee compliance with the obligation to provide information?

5. What international agreements can be applied in the event of crossborder claims for damages?

6. Does the Commission consider that the existing legislation - provided that it is applied correctly - entails adequate guarantees with regard to crossborder pollution and if so, can it give reasons? If not, measures should be taken to perfect European legislation by means of further harmonization of provisions; will the Commission take the necessary steps?

Answer given by Mrs Bjerregaard on behalf of the Commission (8 October 1997)

The Commission is aware to some extent of soil pollution in Zelzate. As far as compliance with Directive 91/61/EC on integrated pollution prevention and control is concerned, it should be noted that the deadline for implementation in national law is 30 October 1999. The Commission is already engaged in a number of activities designed to ensure that the Directive will be successfully implemented.

In particular, the provisions on transboundary impact have already been identified as an issue requiring close attention. These involve informing both the Member States and the members of the public concerned in cases where a significant transboundary effect is expected. Coupled with the obligation to use the best available techniques for the prevention and control of all types of pollution, these provisions should go a long way towards achieving adequate protection from transboundary pollution.

As regards Directive 90/313/EEC on access to environmental information, it is to be noted that the Directive is only applicable to public authorities and bodies with public responsibilities for the environment and which are under the control of public authorities. Moreover, subject to the provision of general information on the state of the environment, the Directive does not require that environmental information be released automatically and on the own initiative of the holder of the information. The Directive only concerns the case where an applicant requests access to certain environmental information. The Commission is not aware of any applications made in pursuance of Directive 90/313/EEC nor of any exchange of information on the basis of bilateral agreements in which the Community takes no part.

Crossborder claims for damages are covered by the Council of Europe's Convention, signed in Lugano on 21 June 1993, on civil liability for damage resulting from activities dangerous to the environment ((European Treaty Series 150. )). This Convention has been signed by several Member States (Greece, Italy, Luxembourg, the Netherlands, Portugal and Finland) and third countries (Cyprus, Iceland and Liechtenstein) but is not yet in force.

It is worth mentioning in this respect that the Commission is currently preparing a white paper on environmental liability which should be finalised at the beginning of 1998. The white paper will consider the issue of transboundary pollution and will contain proposals for an environmental liability regime which will also apply to transboundary pollution cases.