WRITTEN QUESTION E-0058/01 by Hiltrud Breyer (Verts/ALE) to the Commission. Storage of environmentally damaging waste by the Georgsmarienhütte steelworks.
Date: 2001-01-22
Institutions: European Parliament, Provisional data
Subjects: Federation State, Lower Saxony, application of EU law, environmental law, environmental protection, hazardous waste, iron and steel industry, prevention of pollution, soil pollution, storage of waste, technical specification

C 235 E/104

Official Journal of the European Communities

EN

21.8.2001

Under Article 2 of the Decision, Germany was required to recover the aid together with interest. The
amount of aid to be repaid was reduced by DEM 24 496 million to DEM 37 144 million provided that the
sale of the Westerkamp site was cancelled.

In January 2000 the German government sent the Commission information from which it appeared that
GMH had repaid aid amounting to DEM 46 million, including interest to the Land of Lower Saxony. On
8 May 2000 it sent the Commission further information from which it appeared that the sale of the
Westerkamp site had been cancelled.

On that basis, the Commission can confirm that the aid deemed incompatible has been repaid by
Georgsmarienh(cid:252)tte Holding GmbH to the Land of Lower Saxony. No other aid for Georgsmarienh(cid:252)tte
was deemed unlawful in the Commission Decision of 29 July 1998.

As stated in the Commission Decision of 29 July 1998, GMH sold to the Nieders(cid:228)chsische
2.
Landesentwicklungsgesellschaft mbH (NILEG) in February 1994 several real estate assets for a total of
DEM 14,5 million. The sale, as part of this transaction, of the Westerkamp site at a loss price of
DEM 24 496 million was deemed unlawful aid that was compatible neither with the ECSC Treaty nor
with the common market (answer to Question 1).

Other land transactions between the Osnabr(cid:252)ck rural district, the town of Georgsmarienh(cid:252)tte and the
GMH steelworks were not included in the Commission(cid:146)s examination of the aid.

3.
The German authorities have not yet notified the Commission of any repeated sale, between the
Osnabr(cid:252)ck rural district or its transport undertaking VLO and Georgsmarienh(cid:252)tte, of the (cid:145)H(cid:252)ttenbahn(cid:146)
railway line, at a profit to the steelworks.

4.
The Commission will ask the German government for further information on these land sales. If
assessment of the information shows that initiation of the proceedings provided for in Article 6(5) of
Decision No 2496/96/ECSC establishing Community rules for State aid to the steel industry is necessary,
the Commission will initiate such proceedings.

In that event, the initiation of proceedings would be announced in the Official Journal of the Communities.

(1) OJ C 71, 9.3.1994.
(2) OJ L 362, 31.12.1991.
(3) OJ L 257, 27.10.1995.
(4) OJ L 338, 28.12.1996.
(5) OJ L 83, 27.3.1999.

(2001/C 235 E/109)

WRITTEN QUESTION E-0058/01

by Hiltrud Breyer (Verts/ALE) to the Commission

(22 January 2001)

Subject: Storage of environmentally damaging waste by the Georgsmarienh(cid:252)tte steelworks

Part of the subsidy of over DEM 80 million which Georgsmarienh(cid:252)tte steelworks in 1993 received
1.
from the Land of Lower Saxony, went on the recycling (feedback into the production process) of 250 000
tonnes of converter dust and 80 000 tonnes of blast-furnace sludge (with high concentrations of heavy
metals such as cadmium, lead, zinc, mercury plus oil waste), stored illegally at Westerkamp in Georgsmar-
ienh(cid:252)tte. Following the abandonment of the recycling plan these highly toxic substances are still being
stored in the same place without bottom insulation and demonstrably are heavily polluting soil and
groundwater (see Professor Hollmann(cid:146)s expert opinion). Nonetheless the Land, via its district government
Weser Ems, approved the location as well as the mixing, levelling and surface covering, while further
discharges into the environment continue in the absence of lateral and bottom insulation. In view of the
increasing environmental pollution, does the Commission approve of the storage of toxic substances
authorised by the authorities of Lower Saxony at Westerkamp?

21.8.2001

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Official Journal of the European Communities

C 235 E/105

2. Were the Lower Saxony authorities right to approve the installation as an (cid:145)intermediate storage site(cid:146),
thereby evading a procedure with public participation which would have been required had it been
classified as an (cid:145)ultimate site(cid:146), even though the facts, and in particular the style of the installation, suggest
that no transfer of the deposits is intended?

A research project with the Greek University of Patras and the Clausthal-Zellerfelt Higher Technical
3.
Institute into the possibilities or recycling has been announced and has been financially supported by the
Land of Lower Saxony.

(a) Has the Commission also funded this alleged research?

(b)

Is the Commission aware of the results of this alleged research; if not, is it awaiting them?

Does the Commission plan,

4.
question and to take any necessary action?

if it has not already done so, to follow up the information in this

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

(26 March 2001)

Some waste from the iron and steel industry will be classified as hazardous in the European Waste List as
from 1 January 2002, if it contains dangerous substances. At present it can be hazardous waste, if it is
classified as such at national level.

The treatment of waste is regulated by Council Directive 75/442/EEC of 15 July 1975 on waste (1) as
amended by Council Directive 91/156/EEC of 18 March 1991 (2).

Article 4 of this Directive states that waste must be disposed of without endangering human health and
without using processes or methods which could harm the environment, and in particular:

(cid:129) without risk to the water, air, soil and plants and animals,

(cid:129) without causing a nuisance through noise and odours,

(cid:129) without adversely affecting the countryside or places of special interest.

Pursuant to Article 9 of the Directive any establishment or undertaking which carries out disposal
operations must obtain a permit from the competent authority.

These provisions apply to disposal and recovery operations,
disposal or recovery.

including the storage of waste prior to

In addition, for hazardous waste, Council Directive 91/689/EEC of 12 December 1991, on hazardous
waste (3) applies.

Member States are required to apply Council Directive 1999/31/EC of 26 April 1999 on the landfill of
waste (4) by 16 July 2001. This Directive lays down specific requirements for landfills, including provisions
on the thickness and permeability of the base and sides of the landfill as well as provisions on the surface
sealing.

Deposits of waste of more than one year before disposal and more than three years before recovery are
landfills and must comply with the requirements of the Directive. However, the Directive does not apply to
landfills that were closed before the date of its implementation.

Recent official information received from the German authorities confirms that Community funding was
not used for the scientific work. The Commission has therefore no knowledge about the results of this
work.

The Commission would need more precise information on this case to be able to assess if there is a breach
of Community legislation.

(1) OJ L 194, 25.7.1975.
(2) OJ L 78, 26.3.1991.
(3) OJ L 377, 31.12.1991.
(4) OJ L 182, 16.7.1999.