WRITTEN QUESTION E-0322/00 by Laura González Álvarez (GUE/NGL) to the Commission. Irregularities at the Las Cárvacas rubbish dump in Madrid.
Date: 2000-02-11
Institutions: European Parliament, Provisional data
Subjects: Spain, infringement procedure (EU), pollution control measures, storage of waste, unauthorised dumping

21.11.2000

EN

Official Journal of the European Communities

C 330 E/125

Article 5.7 of the SPS Agreement of the World trade organisation sets out a framework for sanitary or
phytosanitary regulatory measures that affect international trade, where scientific evidence is insufficient.
The Commission considers that the guidelines for the application of the precautionary principle proposed
in the communication, are not only consistent with Article 5.7 but also an appropriate tool to apply the
said Article. Therefore, the application of this principle should not contravene the international obligations
of the Community.

With regard to the issue of product liability, the Commission points out that in July 1999 it adopted a
green paper (1). The Commission is presently analysing the comments received on the green paper and will
present a report on the application of the product liability directive by the end of this year.

(1) COM(1999) 396 final (cid:129) (cid:145)Liability for Defective Products(cid:146).

(2000/C 330 E/139)

WRITTEN QUESTION E-0322/00

by Laura GonzÆlez `lvarez (GUE/NGL) to the Commission

Subject: Irregularities at the Las CÆrvacas rubbish dump in Madrid

(11 February 2000)

In response to Petition No 288/97 which was submitted to the European Parliament by the (cid:145)Plataforma
C(cid:237)vica y Ecol(cid:243)gica de la Casa de Campo de Valdebebas(cid:146), the Commission opened infringement procedure
A-98/2162 against Spain for its failure to comply with Directive 75/442/EEC (1) on waste, as amended by
Council Directive 91/156/EEC (2). By means of a decree dated 27 March 1998 the Madrid city authorities
ordered Vertederos del Norte S.L. to close the illegal and unauthorised rubbish dump at La Dehesa, in the
Las CÆrvacas district of Madrid, and instructed the company to clean up the site.

Furthermore, the Madrid Regional Directorate-General for Environmental Quality and Assessment ordered
the Madrid city authorities to instruct the company to undertake 14 specific projects to seal the dump and
clean up the site, including the planting of trees and other forms of vegetation. Despite the issue of such
an order the company did not apply any of the remedial measures, for which reason a further instruction
was issued on 14 January 1999, ordering the site to be sealed off.

On 30 July 1999 the above-mentioned Directorate-General approved the sealing-off and cleansing project
submitted by Vertederos del Norte S.L., which was to be carried out within an eight-month period starting
on the date on which the work began. However, no cleaning-up work has so far been undertaken and the
rubbish dump is in the same state as it was when it was instructed to close.

Can the Commission say what stage has been reached in infringement procedure A-98/2162 against
Spain? What are the expected dates for the start and the finish of the project to seal off and clean up the
rubbish dump? Could the Commission arrange for the project to be speeded up? Why are the Spanish
authorities responsible refusing to notify the (cid:145)Plataforma C(cid:237)vica(cid:146) (which launched the petition) regarding the
progress of the project?

(1) OJ L 194, 25.7.1975, p. 39.
(2) OJ L 78, 26.3.1991, p. 32.

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

(16 March 2000)

Following several complaints concerning illegal rubbish dumps,
the
Commission has decided to bring an infringement action against Spain. As part of this it delivered a
reasoned opinion as a result of the failure to comply with Council Directive 75/442/EEC of 15 July 1975
on waste in connection with, among other things, the illegal dump at Las CÆrcavas.

including that at Las CÆrcavas,

C 330 E/126

Official Journal of the European Communities

EN

21.11.2000

The Commission is not aware of the reasons given by the Spanish authorities justifying the refusal to pass
on information concerning the progress made by this project. In any case, Article 4 of Council Directive
90/313/EEC of 7 June 1990 (1), on the freedom of access to information on the environment provides that
a person who considers that his request for information has been unreasonably refused or ignored, or has
been inadequately answered by a public authority, may seek a judicial or administrative review of the
decision in accordance with the relevant national legal system.

(1) OJ L 158, 23.6.1990.

(2000/C 330 E/140)

WRITTEN QUESTION E-0323/00

by Laura GonzÆlez `lvarez (GUE/NGL) to the Commission

(11 February 2000)

Subject: Environmental impact of the planned airport at Castell(cid:243)n (Spain)

On the basis of a project involving the construction of airport facilities at Castell(cid:243)n and, additionally, a
special plan allowing protected land to be used for the construction of airport facilities, the Valencia
regional authorities are planning to build an airport in the vicinity of Bell-Lloc del Pla and Vilanova
d(cid:146)Alcolea.

According to the objections raised against the project, such an airport:

(cid:129) would seriously alter the various ecosystems in the area and have an adverse effect on a range of
habitats protected under Council Directive 92/43/EEC (1) and on wild birds protected under Directive
79/409/EEC (2), such as sylvia undata, caprimilgus europeus, galerida theklae and, in particular, circus
pyargus, the colony of which is the only one in Europe which nests on Mediterranean scrubland and
one of the few species which nests on natural vegetation. Furthermore, the airport would be located
close to Prat de Cabanes (the home of protected species) and to the Desierto de las Palmas nature area,
and also in an area crossed by migratory birds, with all the attendant risks to air traffic;

(cid:129) would have a significantly greater noise impact on people living in the vicinity than has been
calculated in an environmental impact study which is now obsolete on account of subsequent changes
made to the project;

(cid:129) would not be operational from the safety point of view on account of frequent morning and evening
mist and fog, hazardous winds and its location amongst mountains, circumstances which would be
aggravated by the alignment of the runway in a southwest-northeast direction (the only one possible
in view of the mountainous topography).

In view of all the above facts, could the Commission verify, with specific reference to this project, whether
or not the abovementioned directives have been complied with and could it ask the Spanish authorities to
halt, as a precautionary measure, any construction work or other activity in the area?

(1) OJ L 206, 22.7.1992, p. 7.
(2) OJ L 103, 25.4.1979, p. 1.

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

(31 March 2000)

Firstly, it should be noted that the area where the airport to which the Honourable Member refers is due to
be built has not been classified by the Spanish authorities as a special protection area for birds under
Article 4 of Council Directive 79/409/EEC (1) of 2 April 1979 on the conservation of wild birds. Neither
has it been identified by the scientific community as an (cid:145)important area for birds(cid:146) in the inventory prepared
for the Commission in 1998 by national experts and Birdlife. Moreover, the Spanish authorities have not
identified it as a site of Community importance for inclusion in the Natura 2000 network under Council