WRITTEN QUESTION E-1896/03

by María Sornosa Martínez (PSE) to the Commission

(6 June 2003)

Subject: Alarming increase in the number of cases of Legionnaires' disease in Alcoy

The author of this question has (in a number of previous questions) drawn the Commission's attention to the serious recurrent outbreaks of Legionnaires' disease in Alcoy. So far (figures for May of this year), 239 people in that locality have contracted the disease, of whom six have died.

In its earlier reply to question P-1159/02(1) the Commission said the Spanish authorities have taken the appropriate steps to identify the root of the problem and its spread (). Consequently, the Commission has decided to drop the case.

However, it is clear from the recent data for May that the situation in Alcoy is anything but under control and is worsening daily, as further cases come to light.

As reported by the local suffers' support group, the health authorities are not ensuring that the owners of air-conditioning plants are complying with the requirement to clean and inspect their equipment.

Given that the number of recorded cases has now risen to 239, does the Commission consider that the Valencia regional authorities are making an adequate effort and that the resources which they have so far allocated will be sufficient to enable the outbreaks of Legionnaires' disease in Alcoy to be brought entirely under control?

Does the Commission still maintain that, in the case of the Alcoy outbreaks, Community law is being correctly applied?

(1) OJ C 229 E, 26.9.2002, p. 188.

Answer given by Mrs Wallström on behalf of the Commission

(30 July 2003)

In response to the Honourable Member's previous written questions about the outbreaks of legionellosis in Alcoy, the Commission opened an own-initiative investigation, registered as No 2001/2048, to check that the Spanish authorities were correctly applying Community environmental law in this particular case.

In the course of its enquiries, the Commission contacted the Spanish authorities to ask for their comments on the situation reported by the Honourable Member and the application, in this case, of Council Directive 80/778/EEC(1) of 15 July 1980, on the quality of water intended for human consumption. This Directive was replaced by Council Directive 98/83/EC(2) of 3 November 1998 on the quality of water intended for human consumption.

As explained in the answer to the Honourable Member's Written Question P-1159/02, examination of the case did not point to any infringement of the Community legislation in force. The Commission therefore decided to close the case.

In its role as guardian of the Treaties, the Commission monitors the application of Community law by the Member States. However, it cannot intervene in matters which do not fall within Community competence.

As the Honourable Member indicates in her most recent written question, the new cases of legionellosis in Alcoy seem to be originating in air conditioning systems, which, apparently, are not being cleaned and inspected as current rules prescribe.

As the legionellosis in Alcoy is not originating in the drinking water, Directives 80/778/EEC and 98/83/EC do not apply. There is no Community legislation applicable to this case and the Commission cannot give a decision on the matter.

Epidemiological information on legionellosis is to be provided to the Community on the basis of the Parliament and Council Decision 2119/98/EC establishing a Network for the Surveillance and Control of Communicable Disease(3). The Spanish public health authorities, upon request of the Commission, have informed the Community that a systematic plan of control of installations and enhanced surveillance of legionellosis are in place in the town of Alcoi. No objections have been raised by the other Member States on the adoption of the measures. No further actions are foreseen by Community legislation in the field of public health.

(1) OJ L 229, 30.8.1980.

(2) OJ L 330, 5.12.1998.

(3) OJ L 268, 3.10.1998.