WRITTEN QUESTION No. 1986/97 by Gianni TAMINO to the Commission. Clash between Italian and Community legislation on waste - failure to carry out an environmental impact assessment for a waste incinerator at Scarlino (Grossetto, Italy)
Date: 1997-06-09
Institutions: European Parliament, TAMINO
Subjects: Italy, application of EU law, dangerous substance, electrical energy, environmental impact, impact study, industrial waste, power plant, waste incineration

22. 1. 98

EN

Official Journal of the European Communities

C 21/129

(98/C 21/245)

WRITTEN QUESTION E-1981/97

by Antoni Gutie·rrez D(cid:14)·az (GUE/NGL) to the Commission

(9 June 1997)

Subject: Nazi propaganda

The  (cid:145)Europa(cid:146)  bookshop  in  Barcelona  has  been  temporarily  closed  on  the  grounds  that  it  is  a  centre  for
disseminating  Nazi  propaganda  and  racist  leaflets.  The  closure  has  led  to  a  (cid:145)Committee  for  freedom  of
expression(cid:146)  being  set  up  in  support  of  the  owner;  it  has  published  a  manifesto  questioning  the  fundamental
principles which underpin democratic states founded on the rule of law, attacking, for example, laws on the crime
of genocide and questioning their constitutionality. The committee in question is collecting funds to support its
aims.

Given that the Commission is the guardian of the Treaties, and has a duty to ensure that the basic principles of
democracy are respected, especially in this European Year Against Racism and Xenophobia, what steps does the
Commission  intend  to  take  in  situations  like  this,  where  citizens(cid:146)  committees,  possibly  with  the  backing  of
extreme right wing organizations, are set up in the name of freedom of expression to defend the dissemination of
Nazi or racist ideas which call into question our democratic criminal legislation?  How does the Commission
intend to prevent and curb initiativesof this kind?

Answer given by Mr Flynn on behalf of the Commission

(4 July 1997)

The combating of racist manifestations in Member States is essentially a matter for the national, regional and
local authorities of the Member States, in the light of their laws, regulations and constitutional provisions.

On 15 July 1996, on the basis of Article 193 of the Treaty on European Union, the Council adopted a Joint Action
concerning action to combat racism and xenophobia (1). In order to facilitate international judicial cooperation to
combat racism and xenophobia this Joint Action contains provisions which seek to ensure that certain types of
racist and xenophobic behaviour are punishable as criminal offences or, failing that, and pending the adoption of
any necessary provisions, to derogate from the principle of double criminality for such behaviour.

(1)  OJ L 185, 24.7.1996.

(98/C 21/246)

WRITTEN QUESTION E-1986/97

by Gianni Tamino (V) to the Commission

(9 June 1997)

Subject: Clash  between  Italian  and  Community  legislation  on  waste  ›  failure  to  carry  out  an  environmental

impact assessment for a waste incinerator at Scarlino (Grossetto, Italy)

By Decree No 879737 of 12 April 1996 the Italian Ministry for Industry, Commerce and Craft Trades authorized
Ambiente Spa, a company which has taken over Societa‘ Nuova Solmine Spa, to build a 65 MWt electricity power
plant in the commune of Scarlino (Grossetto). The plant is to be powered by a 16.8 MWe turbogenerator using
process wastes as fuel, as provided for by Annex 1 of the Interministerial Decree of 16 January 1995 (published
in Official Gazette No 24 of 30 January 1995), on the basis of Decree Law No 113 of 8 March 1996. This decree
law is contrary to Directive 91/156/EEC (1) of 18 March 1991, in that it does not consider process wastes used as
(cid:145)alternative fuel(cid:146) to be (cid:145)waste(cid:146), and has not been turned into an actual law. The plant in question is currently at an
experimental stage.

Does the Commission not consider that it should urge the Italian authorities to take action to ensure that a waste
incineration plant, such as the one planned for Scarlino, complies with Directive 91/156/EEC and hence with
Directive 85/337/EEC (2) on the environmental impact assessment, given that the plant is considered to be an
electricity power station of less than 300 MW rather than a waste incinerator?

(1)  OJ L 78, 26.3.1991, p. 32.
(2)  OJ L 175, 5.7.1985, p. 40.