WRITTEN QUESTION E-2252/99 by Pedro Marset Campos (GUE/NGL) to the Commission. Environmental deterioration in Arce (Piélagos-Cantabria, Spain).
Date: 1999-12-01
Institutions: European Parliament, Provisional data
Subjects: Spain, degradation of the environment, environmental impact, environmental protection, impact study, infringement procedure (EU), mining operation, national implementing measure, noise pollution, pollution control measures, road transport

8.8.2000

EN

Official Journal of the European Communities

C 225 E/79

Answer given by Mrs de Palacio on behalf of the Commission

(24 January 2000)

The Commission agrees that the situation of air traffic delays and airspace congestion has reached levels
which are no longer acceptable and requires urgent and drastic action.

This is why the Commission adopted, on 1st December 1999, a communication (1) on the creation of the
European single sky which analyses the causes for that situation and recommends a number of actions to
be undertaken both at Member States and at Community level. The questions of the Honourable Member
are answered in this document.

In addition, the Commission envisages to examine more in depth the impact of delays on the travelling
public on the occasion of a wide consultation to be undertaken soon on the protection of air passengers.

(1) COM(1999) 614 final.

(2000/C 225 E/080)

WRITTEN QUESTION E-2252/99

by Pedro Marset Campos (GUE/NGL) to the Commission

(1 December 1999)

Subject: Environmental deterioration in Arce (PiØlagos-Cantabria, Spain)

The lack of any controls on the operations carried out at the Laherran and Hormisa quarries in Arce
(Cantabria) is causing the local population grave concern. Activity at both quarries, currently consisting of
sand and cement extraction, stone crushing, an agglomerate plant and a concrete plant has increased
considerably. All of this means that there has been an increase in dust, noise and vibration from
explosions, and, on top of this, the constant flow of heavy vehicles through the village, at great risk to
the local population, given the absence of any adequate traffic infrastructure.

The situation has lead to over a hundred protests being made to the local authorities and the government
of the autonomous region, but local people(cid:146)s requests to the appropriate authorities for information about
the local authority licences of the quarries have failed to produce a solution to the problem.

Given that there is a scheme to extend the installations at one of the quarries, and a plan to build a dry
mortar factory, I would ask:

1.

Is the Commission aware of this situation?

2. Does the Commission not believe that Community environmental legislation is being violated, since
the work being done by these companies comes under the heading of irritating, unhealthy, harmful
and dangerous industrial activity taking place a few metres from private housing?

3. Will the Commission approach the relevant authorities with a view to ensuring that the following

directives are complied with:

(a) 85/337 /EEC (1) on the assessment of the effects of certain public and private projects on the

environment;

(b) 96/61/ EEC (2) on integrated pollution prevention and control;

C 225 E/80

Official Journal of the European Communities

EN

8.8.2000

(c) 92/43/ EEC (3) on the conservation of natural habitats and wild fauna and flora;

(d) 87/216 /EEC (4) on the major-accident hazards of certain industrial activities?

4. Will the Commission urge the competent authorities to carry out an urgent investigation of the
licences of the existing quarries, and to draw up a technical study of each of the companies located in
Arce, with a view to implementing a specific plan for dealing with these companies?

(1) OJ L 175, 5.7.1985, p. 40.
(2) OJ L 257, 10.10.1996, p. 26.
(3) OJ L 206, 22.7.1992, p. 7.
(4) OJ L 85, 28.3.1987, p. 36.

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(17 January 2000)

The Commission was not aware of the situation to which the Honourable Member refers.

There are no specific Community rules governing unhealthy, uncomfortable or dangerous establishments.
Only Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and
control indirectly covers certain establishments of this type. This Directive should have been transposed
into national law by 1 November 1999 at the latest. Spain has not yet notified the Commission of any
measures transposing it into Spanish law. Consequently, the Commission will shortly initiate an infringe-
ment procedure against Spain under Article 226 of the EC Treaty (ex Article 169).

The Commission does not know whether the quarries in question have been made subject
to an
environmental impact assessment as provided for in Council Directive 85/337/EEC of 27 June 1985 on
the assessment of the effects of certain public and private projects on the environment. However, we
would point out that Article 2 of the Directive provides that projects likely to have significant effects on
the environment by virtue of their nature, size or location must be made subject to an assessment with
regard to their effects before authorisation is granted. This provision applies to the projects listed in Annex
I to the Directive. It also applies to the projects listed in Annex II, where Member States consider that their
characteristics so require. The extractive industry is listed in Annex II. Consequently, a project of this kind
should be made subject to an assessment, in accordance with Articles 5 to 10 of the Directive, where the
Member State considers that its characteristics so require. The area in question has not been identified by
the Spanish authorities as a Site of Community Importance (SIC) for inclusion in the Natura 2000
network. The village of Arce is situated at a distance of 1 to 2 kilometres from a SIC proposed by Spain,
on the banks of the river Pas.

The Spanish authorities are responsible for ensuring that the operations at the quarries do not infringe the
provisions of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of
natural fauna and flora. On the basis of the information provided by the Honourable Member, the
Commission cannot presume that the provisions of the said Directive have been infringed.

With regard to the application of Council Directive 82/501/EEC of 24 June 1982 on major-accident
hazards of certain industrial activities (1), known as the Seveso Directive, amended by Directive 87/216/
EEC, it should be noted that this Directive was replaced on 3 February 1999 by Directive 96/82/EC (2),
known as Seveso II. The latter excludes from its field of application (cid:145)the activities of the extractive
industries concerned with exploration for, and the exploitation of, minerals in mines and quarries or by
means of boreholes(cid:146).

(1) OJ L 230, 5.8.1982.
(2) OJ L 10, 14.1.1997.