WRITTEN QUESTION E-3860/00 by Heidi Hautala (Verts/ALE) to the Commission. Discharge of dangerous substances in the basin of the River Segura (Spain).
Date: 2000-12-08
Institutions: European Parliament, Provisional data
Subjects: Community of Valencia, Region of Murcia, complaint to the Commission, dangerous substance, environmental monitoring, environmental standard, infringement of EU law, offence, water pollution, watercourse

3.7.2001

EN

Official Journal of the European Communities

C 187 E/69

(2001/C 187 E/072)

WRITTEN QUESTION E-3860/00

by Heidi Hautala (Verts/ALE) to the Commission

(8 December 2000)

Subject: Discharge of dangerous substances in the basin of the River Segura (Spain)

In the Autonomous Regions of Valencia and Murcia the basin of the River Segura is being seriously
polluted by the discharge of dangerous substances (1). Furthermore, the polluted water flowing in the River
Segura and its tributaries is used to water crops as it passes through the province of Alicante. This is
a serious agricultural and environmental problem, since the water is unsuitable for irrigation. A tributary
of the Segura in the province of Murcia, the River Guadalentin, is seriously polluted with chromium.
According to studies carried out by a number of laboratories, the effluent discharged into this river
contains 2 576 micrograms of chromium III per litre and 231 micrograms of chromium VI per litre,
amounting to a total of 2 807 micrograms of chromium. The FAO(cid:146)s international standards recommend
that water used for irrigation should not contain more than 100 micrograms. Scientific studies carried out
by the University of Murcia and the Miguel HernÆndez University confirm the scale of the problem.
According to these studies, the waters of the River Segura contain pollutants on List I of Council Directive
76/464/EEC (2) of 4 May 1976 on pollution caused by certain dangerous substances discharged into the
aquatic environment of the Community. These substances are cadmium and organohalogen compounds.
The study carried out by the University of Murcia also indicates the presence of chromium and nickel,
substances included on List II of the Directive.

Does the Commission not consider that Spain is infringing Directive 76/464/EEC of 4 May 1976 on
1.
the
pollution caused by certain dangerous substances discharged into the aquatic environment of
Community, Directive 83/513/EEC (3) on limit values and quality objectives for cadmium discharges and
Directive 84/491/EEC (4) on limit values and quality objectives for discharges of hexachlorocyclohexane?

in the
Have the competent national authorities told the Commission what caused the presence,
2.
waters of the River Segura, of quantities of dangerous substances far exceeding the limit values, thereby
constituting a public health risk?

3. What measures has the Commission adopted or does it consider adopting to tackle this situation?

(1) 360 000 tonnes of solid waste and 132 000 tonnes of agricultural and industrial urban organic substances are
discharged into the basin of the River Segura, its tributaries and the water table, causing serious environmental
damage and posing a grave danger to the health of the inhabitants of those areas.

(2) OJ L 129, 18.5.1976, p. 23.
(3) OJ L 291, 24.10.1983, p. 1.
(4) OJ L 274, 17.10.1984, p. 11.

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

(27 February 2001)

As this is primarily a matter of the general pollution of water by dangerous substances, the Commission is
aware of the problems in Spain in implementing Council Directive 76/464/EEC of 4 May 1976 on
pollution caused by certain dangerous substances discharged into the aquatic environment of
the
Community (1), and other directives in the same sector, such as Council Directive 83/513/EEC of
26 September 1983 on limit values and quality objectives for cadmium discharges (2) and Council Directive
84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of hexachlorocyclo-
hexane (3). It should be noted that, following the infringement procedure initiated by the Commission
against Spain under Article 226 (formerly Article 169) of the EC Treaty, the Court of Justice condemned
Spain (4) for failure to implement programmes to reduce the pollution of water by certain dangerous
substances in List II of the Annex to Directive 76/464/EEC, contrary to the provisions of Article 7 of that
Directive.

C 187 E/70

Official Journal of the European Communities

EN

3.7.2001

It should also be noted that the Commission initiated another infringement procedure against Spain after
various problems of pollution were brought
to its attention through complaints and Parliamentary
questions following the failure to respect the provisions of the abovementioned Directive 76/464/EEC.
The pollution of the River Segura is covered by this procedure, under which the Commission has delivered
a reasoned opinion to Spain. This infringement procedure is still in progress.

The Commission is now examining the measures adopted by the Spanish authorities and notified by them
following the abovementioned condemnation by the Court of Justice. Among these measures mention
should be made of the adoption of hydrological basin plans for the inland waters concerned. Incidentally,
Law No 29/1985 on water was significantly amended in this context by Law No 46/1999. The Spanish
authorities have also forwarded a report from the Ministry for the Environment on programmes drawn up
to reduce pollution from the substances in List II referred to in Article 7 of Directive 76/464/EEC. They
have also notified the Commission of the adoption of Royal Decree 995/2000 of 2 June (cid:145)por el que se fijan
objetivos de calidad para determinadas sustancias contaminantes(cid:146)(setting quality objectives for certain
dangerous substances).

Whatever the situation, in its role as the guardian of the Treaties and with the instruments at its disposal
the Commission will take the necessary measures to ensure that Community law governing this particular
matter is observed.

(1) OJ L 129, 18.5.1976.
(2) OJ L 291, 24.10.1983.
(3) OJ L 274, 17.10.1984.
(4)

Judgment of 25.11.1998. Case C-214/96.

(2001/C 187 E/073)

WRITTEN QUESTION E-3861/00

by Heidi Hautala (Verts/ALE) to the Commission

(8 December 2000)

Subject: Pollution of the River Segura (Spain) by nitrates

As its flows through the Autonomous Regions of Valencia and Murcia the basin of the River Segura is
seriously polluted with nitrates, affecting both groundwater and surface water, as ascertained by studies
carried out in connection with the Spanish Government(cid:146)s White Paper on Water, owing to the intensive
use of agricultural fertilisers, which means that 44 880 tonnes of nitrates are discharged into the river each
year. The volume of the river is not great enough to absorb this quantity of pollutants,
leading to
eutrophication which substantially jeopardises water quality.

Does the Commission not consider that Spain is infringing Council Directive 75/440/EEC (1)
1.
concerning the quality required of surface water intended for the abstraction of drinking water in the
Member States?

2.
Has Spain designated the Segura basin as a (cid:145)vulnerable zone(cid:146) in accordance with Article 3(2) of
Council Directive 91/676/EEC (2) concerning the protection of waters against pollution caused by nitrates
from agricultural sources (subsequently referred to as the (cid:145)Nitrates Directive(cid:146))?

If the Segura river basin has been designated as a vulnerable zone, has Spain drawn up and submitted

3.
action programmes in accordance with the provisions of Article 5 of the Nitrates Directive?

4.

Do the action programmes meet the requirements of the Nitrates Directive?

5. What measures does the Commission intend to take, bearing in mind that the Court of Justice in
Luxembourg has already delivered judgements against Spain for its failure to comply with the Nitrates
Directive?

(1) OJ L 194, 25.7.1975, p. 26.
(2) OJ L 375, 31.12.1991, p. 1.