WRITTEN QUESTION E-1400/00 by María Sornosa Martínez (PSE) to the Commission. Safety risks in Spanish mining dams.
Date: 2000-05-05
Institutions: European Parliament, Provisional data
Subjects: EU environmental policy, Spain, accession negotiations, coal mining, industrial hazard

C 72 E/52

Official Journal of the European Communities

EN

6.3.2001

Answer given by Mr Liikanen on behalf of the Commission

(16 June 2000)

The legislative provisions governing technical requirements for tyres and their fitting are contained in
Directive 97/24/EC of the Parliament and of the Council of 17 June 1997 on certain components and
characteristics of two or three-wheel motor vehicles (1).

The Commission was informed of tyre brand restrictions attaching to certain passenger cars manufactured
in Germany. Following exchanges of correspondence with the Commission, the German authorities
addressed a communication dated 29 February 2000 to the Commission in which type-approval
authorities have been instructed not to include in the future any such brand restrictions in vehicle
documents. The communication also states that any existing brand restrictions contained in vehicle
documentation are devoid of legal effect.

The Commission is of the view that tyre brand specifications for motorcycles are similarly unacceptable.
The Commission will contact the German authorities in order to clarify the situation.

(1) OJ L 226, 18.8.1997.

(2001/C 72 E/058)

WRITTEN QUESTION E-1399/00

by Phillip Whitehead (PSE) to the Commission

(4 May 2000)

Subject: Certificate of Pharmaceutical Products

Can the principles of free trade be reconciled with the concept of exclusive distribution rights, which is an
indirect effect of the Certificate of Pharmaceutical Products, particularly in respect of the supply of essential
medicines for emerging countries?

Answer given by Mr Liikanen on behalf of the Commission

(16 June 2000)

The export certificates ((cid:145)certificate of pharmaceutical products(cid:146)) drawn up by the national or Community
authorities are based on the WHO (World Health Organisation) model.

Their main aim is to certify that the medicine for which the certificate has been requested is indeed
covered by a marketing authorisation granted by the authorities in the exporting country.

That main aim is thus linked to the marketing authorisation and not to the distribution system or to access
to the pharmaceuticals market. As such it does not confer any exclusive-distribution right. The certificate
constitutes a guarantee and makes pharmaceutical products more accessible in the less-developed import-
ing countries.

(2001/C 72 E/059)

WRITTEN QUESTION E-1400/00

by Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE) to the Commission

Subject: Safety risks in Spanish mining dams

(5 May 2000)

According to data made available by the WWF environmentalist group, there are at present 743 mining
dams in Spain, of which 161 are subject to the risk of an accident similar to that which occurred in
Romania in January 2000. On that occasion, the overflow of a tailings dam into a gold mine led to the
pollution of the Danube and one of its tributaries.

6.3.2001

EN

Official Journal of the European Communities

C 72 E/53

The Commission has on several occasions expressed justifiable concern over the condition of mining dams
in the EU. However, it has also admitted that the detailed information does not exist which would permit
the detection of dams with similar problems to that at which the accident occurred in Romania, with a
view to preventing future ecological catastrophes.

The Environment Council, meeting in Brussels on 30 March 2000, discussed the matter but does not seem
to have adopted measures for the monitoring and closure of mining dams that are liable to overflow or
give rise to other forms of accident that would endanger health and the environment.

In the light of the data provided by the WWF concerning the Spanish state, we should also recall the
catastrophe which occurred in Aznalc(cid:243)llar (Andalusia), where a mining dam overflowed, with grave
consequences for the Doæana National Park.

Does the Commission intend to undertake a detailed survey in order to determine which mining dams are
at risk and in which Member States they are situated?

What concrete proposals and measures does the Commission intend to submit to the Council to ensure
that no accidents of the kind that happened in Romania occur in the EU?

How does the Commission intend to ensure that the applicant countries offer adequate guarantees on
safety and environmental conservation, in such instances as that of mining dams?

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

(23 June 2000)

Following the Aznalc(cid:243)llar accident, the Commission launched a study on the management of mining waste
and the assessment of related environmental risks. In particular, this study should describe the types and
location of disposal sites that could represent a hazard to human health and the
the broad regional
environment. The study will also describe and analyse the specific measures of control in the operation
and decommissioning phases of the mining waste disposal sites. The study covers the 15 Member States
and, following the recent accident in Baia Mare, Romania, it was extended to cover the candidate countries.

In view of the above accidents, Community legislation on the safe operations of mining installations
should be reviewed. As already announced in its communication on promoting sustainable development in
the Community non-energy extractive industry (1),
the Commission will shortly present a separate
communication on these issues, including an action plan.

In terms of industrial risk management, the Seveso II Directive (2) seems to be the most appropriate
legislative tool to prevent these accidents. It obliges industrial operators to put into effect safety manage-
ment systems, including a detailed risk assessment on the basis of possible accident scenarios. However,
the current scope of the Directive does not clearly include mining activities and tailing ponds or dams, and
it could be reviewed in order to assess how extractive activities could be covered.

Tailing ponds are covered by Council Directive 1999/31/EC of 26 April 1999, on the landfill of waste (3).
However, all the issues related to tailing pond management have not been specifically considered in this
Directive. On the basis of the results of the above study that will be completed during summer 2000 for
the Member States and at the end of 2000 for the candidate countries, the need for a proposal for a new
directive specifically focussing on the management of mining waste will be assessed.

Furthermore, it would be possible to produce a special best available technology (BAT) reference document
(BREF), as a result of the exchange of information according to Article 16(2) of the IPPC Directive (4),
dealing with relevant ore processing activities. The BREF could deal with techniques to reduce (cid:145)everyday(cid:146)
pollution and with techniques to prevent or mitigate accidents.

C 72 E/54

Official Journal of the European Communities

EN

6.3.2001

liability (5) seeks to improve the
In addition, the white paper proposing a directive on environmental
implementation of key principles such as polluter-pays, prevention and precaution, and of existing
Community environmental
laws, and also to ensure adequate restoration of the environment. Timely
cost-effective investments in prevention measures to avoid damage that would be more costly to repair are
likely to pay dividends in the case of operations which have not taken adequate measures.

The applicant countries are obliged to implement Community legislation, known as the (cid:145)acquis commu-
nautaire(cid:146), before they can join the Union. Any revisions of existing legislation or any new legislation
automatically become part of the (cid:145)acquis communautaire(cid:146).

(1) COM(2000) 265 final.
(2) Council Directive 96/82/EC of 9.12.1996 on the control of major-accident hazards involving dangerous substances,

OJ L 10, 14.1.1997.

(3) OJ L 182, 16.7.1999.
(4) Council Directive 96/61/EC of 24.9.1996 concerning integrated pollution prevention and control (IPPC), OJ L 257,

10.10.1996.

(5) COM(2000) 66 final.

(2001/C 72 E/060)

WRITTEN QUESTION P-1414/00

by David Bowe (PSE) to the Commission

(3 May 2000)

Subject: Projects involving genetically modified crops in developing countries

Could the Commission clarify its categorisation for projects it supports which involve the growing of
genetically modified crops in the African, Caribbean and Pacific states or any other developing countries?

Answer given by Mr Nielson on behalf of the Commission

(21 June 2000)

In the context of the Commission(cid:146)s development cooperation there are no projects undertaken to promote
genetically modified crops in the African, Caribbean and Pacific States (ACP) or any other developing
countries.

(2001/C 72 E/061)

WRITTEN QUESTION E-1417/00

by Bill Miller (PSE) to the Commission

(5 May 2000)

Subject: Capital investment

Would the Commission list capital investment, since 1988, within each Member State in the following
categories:

(cid:129) Oil and gas extraction;

(cid:129) Manufacturing;

(cid:129) Distribution;

(cid:129) Hotels and catering;

(cid:129) Financial business services;

(cid:129) Transport and communications;

(cid:129) Private dwellings?