WRITTEN QUESTION E-2148/00 by María Sornosa Martínez (PSE) to the Commission. Discharge into the River Belcaire in the Vall d'Uixó (Valencia region, Spain).
Date: 2000-06-30
Institutions: European Parliament, Provisional data
Subjects: Community of Valencia, Spain, application of EU law, dangerous substance, pollution of waterways, wastewater

3.4.2001

EN

Official Journal of the European Communities

C 103 E/73

Concerning the origin of tallow, this information will be found in the product information file which is
kept by the producer. This product information file contains all specifications on the raw materials, in this
case also the origin of tallow used in the soap. It is always the responsibility of the manufacturer (cid:129) or his
agent or the person to whose order a cosmetic product is manufactured or the person responsible for
placing an imported cosmetic product on the Community market (cid:129) to keep the product information file
accessible to the Member States.

(1) OJ L 262, 27.9.1976.

(2001/C 103 E/078)

WRITTEN QUESTION E-2148/00

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

(30 June 2000)

Subject: Discharge into the River Belcaire in the Vall d(cid:146)Uix(cid:243) (Valencia region, Spain)

As the River Belcaire flows through Vall d(cid:146)Uixo (Valencia), excessive quantities of waste water are
discharged into it from the tanneries situated on the river banks and the municipal reverse osmosis
treatment plant. Since the municipal authorities have failed to take action to resolve this environmental
problem, the Jœcar hydrographical confederation has lodged several complaints regarding this situation,
one of which is currently before the national courts.

Furthermore, despite the construction of additional facilities for the treatment of industrial waste water,
studies carried out by the local authorities indicate that the treatment provided by the pre-treatment plant
is insufficient and inadequate.

The same local authorities recently published a study which acknowledged that as a result of the
discharges, salt levels were twice those permitted under current legislation, whilst no mention at all was
made of the other pollutants, in addition to these chlorides, that are being discharged into the River
Belcaire.

In view of the case pending against Spain in the Court of Justice for incorrect application of Directive 76/
464/EEC (1) on pollution caused by certain dangerous substances discharged into the aquatic environment
of the Community, what measures does the Commission intend to take to ensure that the Spanish
authorities fully respect the provisions of this directive, and in particular in the case of the River Belcaire?

With regard to the residents of Vall d(cid:146)Uixo and the manifest inadequacy of purification systems for the
contaminated water, does the Commission consider that the provisions of Directive 91/271/EEC on urban
waste water treatment are being breached?

(1) OJ L 129, 18.5.1976, p. 23.

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

(18 September 2000)

Firstly, as regards pollution of waters in general by dangerous substances, the Commission is aware of the
problem posed in Spain by the implementation of Council Directive 76/464/EEC of 4 May 1976 on
pollution caused by certain dangerous substances discharged into the aquatic environment of
the
Community. It should be noted that in the infringement procedure initiated by the Commission against
Spain pursuant to Article 226 (former Article 169) of the EC Treaty the Court of Justice found Spain
guilty (1) of failing to implement programmes to reduce pollution of the waters by certain dangerous
substances within List II in the Annex to Directive 76/464/EEC, contrary to Article 7 of that Directive.

C 103 E/74

Official Journal of the European Communities

EN

3.4.2001

Whether Council Directive 76/464/EEC and the relevant (cid:145)daughter(cid:146) directives (2) apply in this case could
not be identified with the available information. In principle, discharges of list I substances have to be
authorised and relevant list II substances have to be identified by the national authorities. For relevant list II
substances, the Member States are required to establish pollution reduction programmes including the
setting of quality objectives in the river.

The Commission is currently examining the measures adopted by the Spanish authorities and commu-
nicated by them following the Court(cid:146)s judgement. One of these measures that should be mentioned is the
adoption of the watershed hydrological plans for the inland waters concerned. Incidentally, Law 29/1985
on Water has been substantially amended in this regard by Law 46/1999. The Spanish authorities have
also just adopted Royal Decree 995/2000 of 2 June,
(cid:145)por el que se fijan objetivos de calidad para
determinadas sustancias contaminantes(cid:146) (laying down quality objectives for certain dangerous substances).
The Commission hopes that these new rules will bring a solution to individual problems of water pollution
such as the subject of this written question.

As regards, secondly, Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water
treatment (3), it should be pointed out that agglomerations of more than 15 000 population equivalent
(p.e. (cid:129) a unit of measurement of organic pollution representing the average pollution produced per person
per day) which discharge their urban waste water into the River Belcaire must be equipped with collecting
and secondary (i.e. biological) treatment systems at the latest by 31 December 2000. The time limit is
31 December 2005 for agglomerations of between 2 000 and 15 000 p.e. The Commission will verify
compliance with these obligations from the beginning of next year in the case of the largest agglomera-
tions.

The Commission as guardian of the Treaties and using the instruments at its disposal will take the
necessary measures to ensure that Community law is complied with in the case in point.

Judgment of 25.11.1998. Case No C-214/96.

(1)
(2) Council Directive 82/176/EEC of 22 March 1982 on limit values and quality objectives for mercury discharges by
the chlor-alkali electrolysis industry (OJ L 81, 27.3.1982). Council Directive 83/513/EEC of 26 September 1983 on
limit values and quality objectives for cadmium discharges (OJ L 291, 24.10.1983). Council Directive 84/156/EEC
of 8 March 1984 on limit values and quality objectives for mercury discharges by sectors other than the chlor-alkali
electrolysis industry (OJ L 74, 17.3.1984). Council Directive 84/491/EEC of 9 October 1984 on limit values and
quality objectives for discharges of hexachlorocyclohexane (OJ L 274, 17.10.1984). Council Directive 86/280/EEC
of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included on
List I of the Annex to Directive 76/464/EEC (OJ L 181, 4.7.1986).

(3) OJ L 135, 30.5.1991.

(2001/C 103 E/079)

WRITTEN QUESTION E-2149/00

by Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE) and Luis Berenguer Fuster (PSE) to the Commission

(30 June 2000)

Subject: Petrol in Spain (cid:129) market structure and the price of fuel

The structure of the fuel sector in Spain has oligopolistic characteristics. The top three companies, for
example, (Repsol, Cepsa and BP) between them have a combined market share of almost 85 %. In addition
to this, long-term contracts are agreed between suppliers and distributors which use legal fictions such as
the establishment of surface rights and the sale of land with a repurchase agreement to exceed the time
limit of ten years for exclusive purchase contracts. This, combined with the structure of the market and
obstacles to the construction of petrol stations in the form of
legislation on planning and road
infrastructure, results in a closed market with barriers to entry. In these circumstances, the ground is ripe