WRITTEN QUESTION E-0302/98

by Maartje van Putten (PSE) to the Commission

(17 February 1998)

Subject: Illegal dumping in Mogadishu, Somalia, of toxic waste originating in the EU

With reference to the Basle Convention on the Control of Transboundary Movements of Hazardous Wastes, can the Commission answer the following questions:

1. Is the Commission aware of reports that, in exchange for the supply of weapons to Somali warlords, an Italian firm has secured their agreement for the dumping of toxic waste from German, French and Italian nuclear power plants and hospitals in areas controlled by those warlords, with the result that, by now, dozens of tonnes of toxic waste have been dumped between Merca and Shelembod?

2. If so, what measures has the Commission taken to prevent such a situation from recurring and to call those involved to account?

Answer given by Mrs Bjerregaard on behalf of the Commission

(14 May 1998)

1. The Commission has not been informed and therefore is not aware of reports that an Italian firm has secured an agreement for the dumping of toxic waste from German, French and Italian nuclear power plants and hospitals in areas of Somalia, in exchange for the supply of weapons. The Commission was not informed about toxic waste which may have been dumped between Merca and Shelembod.

2. The Commission would point out that exports out of the Community of hazardous hospital waste are regulated by Council Regulation (EEC) 259/93 on the supervision and control of shipments of waste within, into and out of the Community(1) which implements the requirements of the Basel Convention into Community law. Under this Regulation, which does not apply to radioactive waste, all exports of waste for final disposal are prohibited, except to European free trade association (EFTA) countries which are also parties to the Basel Convention. In addition, exports of hazardous waste destined for recovery operations are also prohibited to African, Caribbean and Pacific (ACP) countries and, as of 1 January 1998, to all non-Organisation for economic co-operation and development (OECD) countries.

Any export of hazardous waste out of the Community to Somalia would therefore constitute illegal traffic. Council Regulation (EEC) 259/93 provides that when the illegal traffic is the responsibility of the notifier, the competent authority of dispatch shall ensure that the waste in question is taken back by the notifier or, if necessary, by the competent authority itself, into the state of dispatch, or if impracticable, that the waste is otherwise disposed of or recovered in an environmentally sound manner, within 30 days from the time when the competent authority was informed of the illegal traffic or within such other period of time as may be agreed by the competent authorities concerned.

The Commission would also point out that export out of the Community of radioactive waste is regulated by Commission Directive 92/3/Euratom on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community(2). In accordance with this Directive, shipments of radioactive waste to a state party to the Fourth ACP-Community Convention are prohibited as of 1 January 1994. Any export of radioactive waste out of the Community to Somalia would therefore also constitute illegal traffic. Directive 92/3/Euratom provides that if the conditions for shipment are not complied with in accordance with the provisions under the Directive, the authorities of the Member State of dispatch shall ensure that the radioactive waste in question is taken back by the holder of that waste.

The Commission has written to the German, French and Italian authorities to request information on the reports quoted.

(1) OJ L 30, 6.2.1993.

(2) OJ L 35, 12.2.1992.