WRITTEN QUESTION E-0322/01 by Luigi Cesaro (PPE-DE) and Generoso Andria (PPE-DE) to the Commission. Maríne pollution in the bay of Ogliastro Marína.
Date: 2001-02-13
Institutions: European Parliament, Provisional data
Subjects: Campania, EU environmental policy, bathing water, marine pollution, quality of the environment

18.9.2001

EN

Official Journal of the European Communities

C 261 E/89

As a follow-up to the e-Europe initiative, the Commission established a working group during 2000 to
examine the impact of the internet on the healthcare sector. At this stage, no specific plans for additional
legislation are considered. The Commission is also working with Member States and other stakeholders to
establish ways in which possible problems with third country information, advertising and supply might
be handled.

2.
The global nature of the internet increases the potential for the advertising and sale of pharmaceu-
ticals to European consumers by operators from third countries. A considerable amount of work has been
taken forward at the international level (cid:129) led in particular by the World Health Organization with the
participation of the Commission and the American Food and Drug Administration (FDA) (cid:129) to ensure that
patients are aware of the potential problems in using internet sites established in third countries. In
addition, the Commission has launched work with the Member States to address these problems at
Community level so that the benefits of such systems can be maximized, in terms of better value for
money and a more convenient service to patients.

(1) OJ L 178, 17.7.2000.

(2001/C 261 E/093)

WRITTEN QUESTION E-0322/01

by Luigi Cesaro (PPE-DE) and Generoso Andria (PPE-DE) to the Commission

Subject: Mar(cid:237)ne pollution in the bay of Ogliastro Mar(cid:237)na

(13 February 2001)

For some years now the bay of Ogliastro Mar(cid:237)na, a beautiful place in the Cilento region of the province of
Salerno renowned for its crystal-clear waters, has been suffering from a serious environmental problem:
daily discharges of sludge which pollute the water and, worse still, prevent people from bathing in it. This
is a disastrous situation which involves serious breaches of Council Directive 76/160/EEC (1) of 8 Decem-
ber 1975 on the quality of bathing water. The lack of concern shown by environmental organisations is
highlighted by the fact that the Lega Ambiente (League for the Protection of the Environment) has awarded
the neighbouring port of Acciaroli a (cid:145)blue ribbon(cid:146) identifying its water as fully suitable for bathing.

In view of the foregoing:

1. Does the Commission intend to ask the relevant authorities to ensure that the pollution of the bay of

Ogliastro Mar(cid:237)na is stopped for good?

2. Would the Commission be prepared, if asked to do so, to fund an environmental management project
in the area concerned to restore the severely disrupted ecological balance of the bay of Ogliastro
Mar(cid:237)na?

3. What measures will the Commission take, if it discovers that Community legislation on the environ-

ment has been infringed, to ensure that it is implemented correctly?

(1) OJ L 31, 5.2.1976, p. 1.

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

(26 April 2001)

In particular, the
The Commission(cid:146)s powers are limited to those conferred on it by the EC Treaty.
Commission is responsible for ensuring that Community law is properly applied within all Member States.
On the basis of Article 211 (ex-Article 155) of the EC Treaty, (cid:145)in order to ensure the proper functioning
and development of the common market, the Commission shall ensure that the provisions of this Treaty
and the measures taken by the institutions pursuant thereto are applied(cid:146). On the basis of Article 226 (ex-
Article 169) of the EC Treaty (cid:145)if the Commission considers that a Member State has failed to fulfil an

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it shall deliver a reasoned opinion on the matter after giving the State
obligation under this Treaty,
concerned the opportunity to submit its observations. If the State concerned does not comply with the
opinion within the period laid down by the Commission, the latter may bring the matter before the Court
of Justice.(cid:146) The Commission has a discretionary power in deciding whether to initiate such a procedure (1).

Under Article 4 of Council Directive 76/160/EEC of 8 December 1975, concerning the quality of bathing
water, Member States are obliged to ensure that the quality of bathing water conforms to the limit values
set in accordance with Article 3. Under Article 3, Member States set, for all bathing areas or for each
individual bathing area, the limit values applicable to bathing water. Under Article 1 (cid:145)bathing area(cid:146) means
any place where bathing water is found; (cid:145)bathing water(cid:146) means all running or still fresh waters or parts
thereof and sea water, in which bathing is explicitly authorised by the Member State or it is not prohibited
and it is traditionally practised by a large number of bathers.

In the light of the above, breaches of the Directive will arise where the waters of specific bathing areas do
not comply with the limit values given in the Annex. The quality of bathing waters is annually monitored
under certain parameters by the Member States. This information is sent to the Commission, which
publishes an annual report on the quality of bathing water.

On the basis of the information given by the Honourable Members, the pollution, caused by the sludge
discharge in the Bay of Ogliastro Mar(cid:237)na, could be affecting a zone covered by the areas from 40 to 51
and from 81 to 84 as listed on page 174 of the Italian version of the Commission report for the 1999
bathing season. Therefore, the area to which the Honourable Members refer cannot be precisely identified
as within the scope of application of the Directive.

In addition, in the last published Commission Report (on the 1999 bathing season) the above-mentioned
16 bathing areas which are potentially concerned in this specific case have limit values complying with
those set out in the Directive.

On the basis of the information given by the Honourable Members, due to a lack of grounds of complaint
on the application of Community law, no breach of it can be identified at present.

In general, it should be stressed that, in the Communication (2) of 27 September 2000, the Commission
announced the European Strategy for Integrated Coastal Zone Management. This document outlines the
principles behind good management of the coastal zone and identifies the actions which the Commission
has launched or will undertake to promote this approach. It identifies some of the financial instruments
available to improve management of the coastal zone,
including LIFE III and Interreg. The document
indicates that the local and regional authorities have a key role to play in ensuring the good, integrated
management of the coastal zone.

Also Council Directive 91/271/EEC of 21 May 1991, concerning urban waste-water treatment (3), could be
relevant to the case. Article 4 stipulates that Member States ensure that urban waste water entering
collecting systems shall before discharge be subject to secondary treatment or an equivalent treatment at
the latest by 31 December 2000 for all discharges from agglomerations of more than 15 000 p. e.
(population equivalent). However, the information given by the Honourable Members does not provide
any evidence that Directive 91/271/EEC is not correctly applied.

(1) Priorities and criteria governing the Commission(cid:146)s discretionary power are listed in the Fourteenth annual report on

monitoring the application of Community law (cid:129) 1996, in OJ C 332, 3.11.1997.

(2) COM(2000) 547 final.
(3) OJ L 135, 30.5.1991.