WRITTEN QUESTION E-1442/01

by Monica Frassoni (Verts/ALE) to the Commission

(17 May 2001)

Subject: Plant for the production of refuse-derived fuel in Gallicano (Lucca), Italy

A plant for the production of refuse-derived fuel in Gallicano (Lucca) was co-financed by the Structural Funds (Objective 5b), despite the fact that the environmental impact of such plants is very significant, particularly in the area in question which is of great natural and cultural importance. It is clear that setting up such plants, in an area where recycling and separate collection of waste is very low, does not fit within the Community policy on waste management.

In general, does the Commission assess only the compliance of projects with Community legislation or also with the relevant priorities as set out in Community policies?

How does the Commission make sure that Article 6 of the Treaty is properly implemented and environmental protection integrated into other EU policies on a real and regular basis?

Is the Commission aware that if co-financing is granted whenever there is formal compliance with the relevant environmental legislation, but despite this, the environmental impact of a project is significant, this seriously aggravates environmental degradation?

Does the Commission agree that eligible projects must be selected not only for compliance with existing legislation but also on the basis of specific policy guidelines and a number of other crucial aspects, not least whether it is appropriate to set up certain kinds of industrial plants in particular areas?

Answer given by Mr Barnier on behalf of the Commission

(30 July 2001)

In the Structural Funds programming process, the national and regional authorities submit a regional development or conversion plan to the Commission. The plan puts forward the development priorities for the areas and sectors concerned according to the various Objectives. The Commission assesses the plan and negotiates with the competent authorities a programming document in the form of a multi-annual operational programme (OP) or Single Programming Document (SPD).

In assessing the plan and in the negotiation of programmes, the Commission verifies, inter alia, that the development strategy and the outline of priorities and measures comply with Community environmental legislation and policy, including the integration of the environmental protection requirements into the sectoral priorities in a sustainable development perspective. Concerning the waste measures in particular, projects receiving Structural Fund assistance must be consistent with the regional and local waste management plans established in conformity with Community directives and policy on waste.

In keeping with article 6 (ex Article 3c) of the EC Treaty, in the 2000-2006 programming period the integration of the environmental dimension within the Structural Funds has been further enhanced by the inclusion of an environmental ex-ante evaluation, which provides a basis for preparing the plans and programmes of which it shall form part.

Once the Commission approves the OP or SPD, it is the responsibility of the competent authorities to implement it. According to the Structural Funds regulations(1), the selection of projects is within the discretion of those authorities. However, they have to ensure compliance of those projects with Community legislation and policies.

As far as the refuse-derived fuel plant in Gallicano (Lucca) is concerned, the regional authorities responsible for Objective 5b during the 1994-1999 programming period, provide evidence that the project was selected in conformity with the criteria for Measure 6.1 of the SPD Interventi per l'organizzazione della raccolta, recupero ed innocuizzazione dei rifiuti di risulta da attività produttive.

Moreover, it appears that this plant fits with the waste management plan, which has been established in conformity with Community directives and policy on waste, and it has been duly authorised as required by Directive 75/442/EEC of 15 July 1975 on waste(2).

Given the plant owner's request to increase the capacity above 100 tons/day, the project is currently undergoing an environmental impact assessment in conformity with Council Directive 85/337/EC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environnment(3), as modified by Council Directive 97/11/EC of 3 March 1997(4).

(1) OJ L 161, 26.6.1999.

(2) OJ L 194, 25.7.1975.

(3) OJ L 175, 5.7.1985.

(4) OJ L 73, 14.3.1997.