WRITTEN QUESTION E-0710/01

by Pietro-Paolo Mennea (ELDR) to the Commission

(8 March 2001)

Subject: Groundwater pollution in the municipality of San Ferdinando

The municipality of San Ferdinando di Puglia (Foggia province) is faced with a devastating groundwater pollution problem, caused by illegal sewers discharging dirty and highly bacteria-infected water in various areas. This is borne out by the results of biological tests carried out by a specialised centre. The most seriously affected areas are Contrada Fontana and Contrada Carro Chiuso.

- The court of Trinitapoli has ordered the municipality of San Ferdinando di Puglia and the A.N.A.S. to pay compensation for the damage caused by this pollution.

- High-quality fruit and vegetables are grown in the area and sold in Italy or exported to other European countries.

- The incidence of cancer, leukaemia and hepatitis has risen as a result of the illegal use of an urban refuse tip as an incinerator.

In view of the above, will the Commission take action to stop this environmental disaster and identify all those responsible for such illegal acts?

Answer given by Mrs Wallström on behalf of the Commission

(11 May 2001)

The Commission's powers are limited to those conferred on it by the EC Treaty, in particular, it is responsible for ensuring that Community law is properly applied within all Member States. On the basis of Article 211 (ex Article 155) of the EC Treaty, in order to ensure the proper functioning and development of the common market, the Commission shall ensure that the provisions of this Treaty and the measures taken by the institutions pursuant thereto are applied.

On the basis of Article 226 (ex Article 169) of the EC Treaty, if the Commission considers, in accordance with its discretionary powers(1), that a Member State has failed to fulfil an obligation under this Treaty, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations. If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice.

However, judgements of the Court of Justice only state whether there has been an infringement. The Court of Justice can neither order a Member State to pay damages to an individual adversely affected by an infringement of Community law nor issue orders to administrative bodies. Only national courts can issue orders to administrative bodies and annul a national decision.

In the specific case, Council Directive 91/271/EEC of 21 May 1991, concerning urban waste-water treatment(2), and Council Directive 75/442/EEC of 15 July 1975 on waste(3), as modified by Council Directive 91/156/EC of 18 March 1991(4), could be relevant. Directive 91/271/EEC stipulates that Member States ensure that urban waste water entering collecting systems shall before discharge be subject to secondary treatment or an equivalent treatment at the latest by 31 December 2000 for all discharges from agglomerations of more than 15 000 population equivalent (p.e.). Directive 75/442/EEC on waste, as modified, has the objective of protecting human health and the environment against harmful effects causes by the collection, transport, treatment, storage and tipping of waste.

However, on the basis of the information given by the Honourable Member, due to a lack of grounds of complaint on the application of Community law, no breach of the two directives mentioned above can be identified at present. Should the Honourable Member provide detailed information

enabling the Commission to assess the issues in relation to applicable Community environmental law, the Commission would be able to start an investigation on the case.

(1) Priorities and criteria governing the Commission's discretionary power are listed in the Fourteenth annual report on monitoring the application of Community law 1996 (OJ C 332, 3.11.1997).

(2) OJ L 135, 30.5.1991.

(3) OJ L 194, 25.7.1975.

(4) OJ L 78, 26.3.1991.