WRITTEN QUESTION E-2053/00 by Pedro Marset Campos (GUE/NGL) to the Commission. Pollution levels in Cartagena (Murcia, Spain).
Date: 2000-06-27
Institutions: European Parliament, Provisional data
Subjects: Region of Murcia, Spain, air quality, competence of the Member States, fertiliser industry, industrial pollution, infringement of EU law

C 103 E/54

Official Journal of the European Communities

EN

3.4.2001

Answer given by Mr Fischler on behalf of the Commission

(1 August 2000)

The rules concerning the production of wines and grape must are laid down in Council Regulation (EC)
No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular
Chapter I of Title V on (cid:145)Oenological practices and processes(cid:146). The processes authorised are listed in
Annexes IV and V to the Regulation, including in particular the additives and technological aids permitted
in the production of wine. All other substances not mentioned in these Annexes are not permitted in the
manufacture of wine products.

In spirit drinks which have to comply with the definitions laid down in Council Regulation (EEC) No 1576/
89 laying down general rules on the definition, description and presentation of spirit drinks (2) only the
substances specified in the definition of products can be used, as well as the additives permitted in
accordance with the procedure laid down in Council Directive 89/107/EEC of 21 December 1988 on the
approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs
intended for human consumption (3).

As regards colouring matters, the substances permitted must be authorised in accordance with European
Parliament and Council Directive 94/36/EC of 30 June 1994 on colours for use in foodstuffs (4).

Finally, for flavouring these products, only the natural flavouring substances and preparations or flavouring
substances and preparations identical to natural ones, as defined in Council Directive 88/388/EEC of
22 June 1988 on the approximation of the laws of the Member States relating to flavourings for use in
foodstuffs and to source materials for their production (5), may be used.

(1) OJ L 179, 14.7.1999.
(2) OJ L 160, 12.6.1989.
(3) OJ L 40, 11.2.1989.
(4) OJ L 237, 10.9.1994.
(5) OJ L 184, 17.7.1988.

(2001/C 103 E/056)

WRITTEN QUESTION E-2053/00

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

Subject: Pollution levels in Cartagena (Murcia, Spain)

(27 June 2000)

Cartagena has been one of the seven most polluted towns in Spain since air pollution monitoring began in
1960. The situation has steadily deteriorated since 1996 and unprecedented pollution levels were recorded
in 1999.

Various studies that have been carried out by experts into the effects of pollution in Cartagena point to an
increase in the mortality rate, in the use of health care services, in respiratory disorders and other illnesses
and in the use of medicines. The findings of those studies have however been kept from the public for fear
of causing alarm.

The latest outbreaks of pollution have caused anger in political and cultural circles and among civil society.
The criticism has been aimed mainly at Potasas y Derivados, a company based in El Hond(cid:243)n, which, over
the past weeks, has exceeded the permitted air pollution levels on an almost daily basis, leading the local
environmental authorities to order the company to reduce the plant(cid:146)s output for a period of over twelve
hours.

The conclusion of an agreement for the company(cid:146)s relocation has raised much controversy owing to the
fact that it sets no deadline for either the shut-down of the current plant or the necessary investment in the
new plant, simply stating that the El Hond(cid:243)n plant will remain in production until the new plant is
brought into operation.

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Official Journal of the European Communities

C 103 E/55

1.

Is the Commission aware of this alarming situation?

2. Would it not agree that the following directives have been breached:

(a) Council Directive 84/360/EEC (1) on the combating of air pollution from industrial plants:

(b) Council Directive 92/62/EC (2) on ambient air quality assessment and management;

(c) Council Directive 1999/30/EC (3) relating to limit values for sulphur dioxide, nitrogen dioxide and

oxides of nitrogen, particulate matter and lead in ambient air;

(d) Council Directive 90/313/EEC (4) on the freedom of access to information on the environment?

3.

Can the Commission say how this situation is being followed up?

(1) OJ L 188, 16.7.1984, p. 20.
(2) OJ L 296, 21.11.1996, p. 55.
(3) OJ L 163, 29.6.1999, p. 41.
(4) OJ L 158, 23.6.1990, p. 56.

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

(7 September 2000)

The Honourable Member specifies just one plant, (cid:145)Potasas y Derivados(cid:146), which, according to the limited
information in the hands of the Commission, produces fertilizers and has not been subject to any
investigation by the Commission in the past.

The production of Potasas y Derivados is within the scope of Council Directive 84/360/EEC of 28 June
1984 on the combating of air pollution from industrial plants (1) (no production threshold is specified in
Annex I, p. 4 of the Directive). The Commission has no information about either current emission levels or
emission limit values established in the operating permit of this plant. This information is essential for
assessing compliance with the Directive. Under Article 13 of the Directive (cid:145)Member States shall implement
policies and strategies,
including appropriate measures, for the gradual adaptation of existing plants
belonging to the categories given in Annex I to the best available technology, taking into account in
particular the plant(cid:146)s technical characteristics, its rate of utilization and length of its remaining life, the
nature and volume of polluting emissions from it, the desirability of not entailing excessive costs for the
plant concerned, having regard in particular to the economic situation of undertakings belonging to the
category in question.(cid:146)

It appears that the Spanish authorities have taken measures to solve the problem. According to the
Spanish newspaper La verdad http://www.laverdad.com/servicios/especiales/municipios99/muamu55.htm it
was recently agreed to relocate the plant within three years.

Member States are responsible for ensuring the observance of air quality limit values for sulphur dioxide
and particulate matter as set out in Council Directive 80/779/EEC of 15 July 1980 on air quality limit
values and guide values for sulphur dioxide and suspended particulates (2), for lead (Council Directive 82/
884/EEC of 3 December 1982 on a limit value for lead in the air) (3) and for nitrogen dioxide (Council
Directive 85/203/EEC of 7 March 1985 on air quality standards for nitrogen dioxide (4)). The Commission
has not been informed that these limit values have been exceeded.

Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management (5)
and Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen
dioxide and oxides of nitrogen, particulate matter and lead in ambient air (6) taken together require

C 103 E/56

Official Journal of the European Communities

EN

3.4.2001

Member States to assess concentrations of sulphur dioxide, oxides of nitrogen, particulate matter (PM10)
and lead in accordance with new requirements from 19 July 2001. New limit values for sulphur dioxide,
PM10 and lead are to be met by 1 January 2005 and for nitrogen dioxide by 1 January 2010. Member
States will have to develop attainment programmes for the worst areas, showing how the limit values will
be met on time.

Article 3(1) of Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on
the environment (7) states that Member States shall ensure that public authorities are required to make
available information relating to the environment to any natural or legal person on request and without
having to prove an interest. Paragraph 4 of the said Article points out that a public authority shall respond
to a person requesting information as soon as possible and at the latest within two months. The reasons
for a refusal to provide the information requested must be given. However, Article 4 of the same Directive
indicates that a person who considers that a 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. In these circumstances and in
the light of the information available to it, the Commission does not see that Directive 90/313/EC has
been breached in the case concerned.

The summary information supplied by the Honourable Member does not enable the Commission to
presume that the abovementioned Community Directives have been breached. However, the Commission
does not rule out the possibility of investigating the question raised by the Honourable Member in more
detail if he is able to provide information with evidence of a breach of the Community law applicable.

(1) OJ L 188, 16.7.1984.
(2) OJ L 229, 30.8.1980.
(3) OJ L 378, 31.12.1982.
(4) OJ L 87, 27.3.1985.
(5) OJ L 296, 21.11.1996.
(6) OJ L 163, 29.6.1999.
(7) OJ L 158, 23.6.1990.

(2001/C 103 E/057)

WRITTEN QUESTION E-2055/00

by Pervenche BerŁs (PSE) to the Commission

(27 June 2000)

Subject: LPG vehicles

Given that differences in national regulations governing motor vehicles fitted with LPG systems and the
lack of mutual recognition arrangements continue to hamper freedom of movement within the Union,
does the Commission intend to submit a proposal for a directive seeking to facilitate the free movement of
such vehicles and their type-approval by each Member State, while ensuring that high safety standards are
maintained?

Answer by Mr Liikanen on behalf of the Commission

(7 September 2000)

On 28 January 1999 the Commission presented a proposal for a Council Decision on the accession by the
European Community to United Nations Economic Commmission for Europe Regulation No 67 on the
approval of special equipment for motor vehicles fuelled by liquefied petroleum gas (LPG) (1).

The Council(cid:146)s adoption of
following Parliament(cid:146)s opinion, will make it possible to
incorporate Regulation No 67 in the vehicle type-approval system and thus to supplement applicable
legislation in the Community. The Regulation will be published in the Official Journal before its entry into
force.

this decision,

Regulation No 67, as amended, aims in particular to eliminate technical barriers to trade in motor vehicles
while ensuring high standards of safety and environmental protection.

(1) COM(1999) 14 final.