WRITTEN QUESTION No. 2241/96 by Cristiana MUSCARDINI to the Commission. Fairground apparatus containing asbestos in Liguria
Date: 1996-08-09
Institutions: European Parliament, MUSCARDINI
Subjects: Liguria, asbestos, child, dangerous substance, environmental protection, itinerant trade, leisure park, public health, public safety, waste management













EUR-Lex - 91996E2241 - EN






Avis juridique important




|



91996E2241

WRITTEN QUESTION No. 2241/96 by Cristiana MUSCARDINI to the Commission. Fairground apparatus containing asbestos in Liguria  


Official Journal C 365 , 04/12/1996 P. 0096 





WRITTEN QUESTION E-2241/96 by Cristiana Muscardini (NI) to the Commission (9 August 1996)Subject: Fairground apparatus containing asbestos in LiguriaIn the fairground at Acquasola in Liguria there is a piece of apparatus containing large quantities of asbestos, and it has been there for more than 20 years. The health authorities declared it to be extremely dangerous and it was burnt, but although it is now even more hazardous it has not yet been removed and disposed of.Can the Commission:1. say whether it considers it should intervene to persuade the local authority to dismantle the apparatus immediately;2. take steps to ensure that checks and tests are carried out to ascertain the harmlessness of facilities used by children and ensure that playgrounds are not equipped with apparatus containing substances which are highly dangerous for the health of children and the general public as a whole?Answer given by Mr Flynn on behalf of the Commission (4 October 1996)The Commission shares the Honourable Member's concern for the health and safety of children in playgrounds.From the information provided by the Honourable Member, it seems that the playground apparatus in question falls under the Community definition of waste, contained in Article 1 of Directive 75/442/EEC on waste ((OJ L 194, 25.7.1975. )). Consequently, national authorities must ensure that this waste is recovered or disposed of without risk to human health and the environment. National authorities must also forbid the abandonment, dumping or uncontrolled disposal of waste. In addition, insulation materials containing asbestos present in construction and demolition waste is, according to Directive 91/689/EEC ((OJ L 377, 31.12.1991. )), hazardous waste, and is therefore subject to the stricter provisions laid down in this Directive on hazardous waste.As regards the first question of the Honourable Member, it is the full competence of the national authorities to take all the necessary measures to comply with Community legislation. In this specific case, the Commission informs the Honourable Member that the Italian authorities have still not complied with the requirements set out in the above mentioned Directives. The Commission is at present taking the necessary legal steps, as prescribed by the Treaty, to ensure the full respect by Italy of these Directives.As regards the second question of the Honourable Member, there is no Community legislation covering the safety of playground equipment. Such equipment is specifically excluded from Council Directive 88/378/EEC ((OJ L 187, 16.7.1988. )) on the safety of toys. It is therefore beyond the Commission's competence to ensure inspections of such equipment by the relevant authorities.