WRITTEN QUESTION E-3494/01

by Laura González Álvarez (GUE/NGL) to the Commission

(8 January 2002)

Subject: Rubbish dump in Villanueva del Carnero (León, Spain)

The RMDSA (Recuperación de Materiales Diversas, SA) company began operating in the Castilla y León region of Spain in March 2000, since when it has been disposing of tonnes of waste polyethylene, PVC and powdered metal on land located in Villanueva del Carnero (Santovenia de la Valdoncina district, León, Spain) without permission from the local authorities and, naturally, without having had the requisite environmental impact study carried out.

The Plataforma Valle de Conforcos has lodged a complaint against an alleged contravention of environment law and has called for a halt to any further ground, air and water pollution in the affected area.

The company concerned now wishes to introduce a heat-treatment process for the disposal of tyres, for which purpose it has carried out an environmental impact study that reveals a number of irregularities. It is also feared that, at some time in the future, the plastics containing PVC which are currently dumped will be incinerated.

Directive 75/442/EEC(1) (as amended by Directive 91/156/EEC(2)) on waste requires the Member States to take the action necessary to ensure that waste is disposed of without danger to human health and without the use of any procedure or method which could damage the environment.

In the Commission's view, what action should be taken in order to ensure compliance with Community law in this area and in particular with Directive 75/442/EEC on waste and Directive 85/57/EEC(3) on environmental impact assessment?

(1) OJ L 194, 25.7.1975, p. 39.

(2) OJ L 78, 26.3.1991, p. 32.

(3) OJ L 175, 5.7.1985, p. 40.

Answer given by Ms Wallström on behalf of the Commission

(14 February 2002)

The Commission is not aware of the facts referred to by the Honourable Member.

It should be noted that waste disposal is currently regulated by Council Directive 75/442/EEC(1) of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC(2) of 18 March 1991.

Article 4 of the above-mentioned Directive provides that Member States shall take the necessary measures to ensure that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment, and in particular:

- without risk to water, air, soil and plants and animals,

- without causing a nuisance through noise or odours,

- without adversely affecting the countryside or places of special interest.

Under Article 9 of Directive 75/442/EEC, any establishment or undertaking which carries out disposal operations must obtain a permit from the competent authority.

As regards Council Directive 97/11/EC(3) of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, installations for the incineration and chemical treatment of non-hazardous waste with a capacity exceeding 100 tonnes per day are referred to in Annex I to the Directive, and other waste disposal installations are referred to in Annex II.

In any event, as guardian of the Treaties, the Commission will take the necessary measures to ensure compliance with Community law in this case.

(1) OJ L 194, 25.7.1975.

(2) OJ L 78, 26.3.1991.

(3) OJ L 73, 14.3.1997.