WRITTEN QUESTION E-0072/02

by Antonios Trakatellis (PPE-DE) to the Commission

(25 January 2002)

Subject: EIB funding to build new schools and replace old buildings incorporating asbestos

The continued use of many public school buildings containing asbestos in the Prefecture of Ilía (in Ioni, Velanidi, Simopoulo, Latta, Kato Panagia, etc.) since 1967 and of 18 such schools in the Prefecture of Thessaloniki since 1978 raises a very serious issue, particularly since other regions of the country are also affected. In addition, the Greek Government was late in entering the relevant building projects in the Second CFS.

Given that the use of all forms of asbestos will be banned in the EU from 1 January 2005 at the latest under Directive 1999/77/EC(1) because it constitutes a direct public health threat and may cause lung cancer and other respiratory diseases and nine Member States have already banned asbestos, and given also that the European Investment Bank has decided to grant Greece a loan of 400 million euros to build new school buildings,

will the Commission say:

1. Is the replacement of the school buildings incorporating asbestos one of the projects which will receive co-funding from the European Investment Bank? If so, in which regions of Greece is this replacement work due to take place?

2. In how many schools has replacement work been carried out under the second CSF and what are the schools in question? How many schools still have buildings containing asbestos?

3. What measures does it intend to take to address this problem and examine the situation which still exists in Greece in breach of the relevant Community directives as a result of the failure of the Greek authorities to carry out suitable controls and the necessary supervision to protect public health from the dangers posed by asbestos?

(1) OJ L 207, 6.8.1999, p. 18.

Answer given by Mr Liikanen on behalf of the Commission

(11 March 2002)

The Commission is aware of the issue concerning asbestos, which can have serious effects on human health, by, e.g. inducing asbestosis, mesotheliomas of the pleura and peritoneum and contributing also to the incidence of other lung cancers.

Having regard to these adverse effects and in order to ensure a high level of human health, the Commission has prohibited the placing on the market and use of all asbestos fibres, except minor derogation, by Commission Directive 1999/77/EC of 26 July 1999 adapting to technical progress for the sixth time Annex I to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (asbestos)(1).

With regard to funding, the European Investment Bank (EIB) has, in December 2001, signed a 400 million loan for the upgrading of old and the construction of new primary and secondary school infrastructure, and the provision of adequate tools and equipment for this infrastructure in the region of Attica. The project is executed by the School Building Organisation (SBO), a public entity converted to private company status in 1998, with the Greek State still its sole shareholder.

The project envisages over 400 works, which comprise a combination of construction of new and refurbishment or expansion of existing buildings to provide over 3500 extra classrooms. SBO has assured the EIB that it does not use asbestos in its works and indicated that asbestos has not been used in the construction of school buildings in Attica since 1980. Should asbestos be found in older buildings subject to refurbishment, removal of asbestos and other dangerous materials would be part of the refurbishment process.

With regard to the involvement of the Community Support Framework (CSF) for Greece during the 1994-1999 programming period, the Honourable Member is kindly requested to refer to the replies given by the Commission to his written question P-0879/99(2) and his oral question H-0782/00(3). The Commission has asked the Greek competent authorities to provide a list of all schools that had asbestos replaced through the previous CSF and will provide it to the Honourable Member upon receipt.

With regard to the question of whether Greece is in breach of Community Law, it is essential to point out the following:

(a) Member States must comply with the above-mentioned Directive 1999/77/EC by 1 January 2005 at the latest (Article 2.1);

(b) From 1 January 2005, Member States may not allow the introduction of new applications for chrysotile asbestos on their territory (Article 2.3);

(c) The use of products containing asbestos fibres referred to above which are already installed and/or in service before the implementation date of this Directive shall continue to be authorised until they are disposed of or reach the end of their service life. However, Member States may, for reasons of protection of health, prohibit within their territory the use of such products before they are disposed of or reach the end of their service life (Article 1, Annex).

This means that the Directive does not require asbestos to be removed from buildings. Greece is therefore not in breach of Directive 1999/77/EC provided it implements that Directive before 1 January 2005.

(1) OJ L 207, 6.8.1999.

(2) OJ C 341, 29.11.1999.

(3) Written answer from 4.10.2000.