WRITTEN QUESTION E-0451/01 by Alexandros Alavanos (GUE/NGL) to the Commission. Management of toxic waste in Greece.
Date: 2001-02-19
Institutions: European Parliament, Provisional data
Subjects: Greece, environmental protection, infringement of EU law, toxic substance, transport of dangerous goods, waste disposal, waste management

C 318 E/52

Official Journal of the European Communities

EN

13.11.2001

How can the concept of (cid:145)final decision of an administrative authority(cid:146) cited by the Commission be
reconciled with the customary legal guarantees in accordance with which a person is innocent until he has
acknowledged his guilt or a court has found him guilty?

(1) OJ C 151 E, 22.5.2001, p. 81.

Answer given by Ms Schreyer on behalf of the Commission

(4 April 2001)

The Commission points out that the measures provided for under Community law can be taken only in
compliance with certain principles. Generally speaking, the principles of the presumption of innocence and
guilt apply primarily to matters of criminal law. The system of blacklists referred to by the Honourable
Member is designed to implement administrative prerogatives.

The Commission recalls that Council Regulation (EC) No 1469/95 of 22 June 1995 on measures to be
taken with regard to certain beneficiaries of operations financed by the Guarantee Section of the EAGGF (1)
and the implementing Commission Regulation (EC) No 745/96 of 24 April 1996 (2) distinguish between
two categories of non-reliable operators:

(cid:129) those who, according to a final decision of an administrative or judicial authority, have deliberately or
through serious negligence committed an irregularity in respect of relevant Community provisions and
have unjustly benefited from a financial advantage or attempted to benefit therefrom; and

(cid:129) those who, have been the subject of a preliminary administrative or judicial report by the competent
authorities of the Member State, without prejudice to the possibility of this conclusion being revised.

Some of the measures under these Regulations may be applied to the second category of operators (tighter
controls of operation and precautionary measures such as the suspension of payments for operations
under way or the release of a guarantee). However, the only real penalty for which there is any provision
(cid:129) exclusion (cid:129) may be imposed only where an irregularity has been the subject of a final decision of an
administrative or judicial authority. This is an administrative, not a criminal penalty and may be imposed
only on certain conditions, notably that the operator has had a prior hearing and has the right to appeal in
accordance with the national law of the Member State concerned.

(1) OJ L 145, 29.6.1995.
(2) OJ L 102, 25.4.1996.

(2001/C 318 E/055)

WRITTEN QUESTION E-0451/01

by Alexandros Alavanos (GUE/NGL) to the Commission

(19 February 2001)

Subject: Management of toxic waste in Greece

Article 6 of Directive 91/689/EEC (1) on hazardous waste provides that the competent authorities shall
draw up plans for the management of such waste. Furthermore, Article 4(2) of this Directive requires the
producers of hazardous waste and the establishments and undertakings transporting such waste to keep
records. Article 2 (2) of the same Directive provides that special records must also be kept concerning the
disposal of hazardous waste in tips.

According to the Commission(cid:146)s report on the implementation of Directive 91/689/EEC, Greece has failed
to draw up a management plan and does not keep records. Furthermore, there is neither a centre for
processing waste nor a special transit area in ports. As a result of all this, the environment in Greece is
being ruined by toxic waste which is processed and stored without any controls.

Will the Commission comment on the situation described above? What measures does it intend to take to
address this situation?

(1) OJ L 377, 31.12.1991, p. 20.

13.11.2001

EN

Official Journal of the European Communities

C 318 E/53

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

(27 April 2001)

As Greece has failed to comply with waste management planning requirements of Council Directives 75/
442/EEC of 15 July 1975 on waste (1), 91/689/EEC of 12 December 1991 on hazardous waste and
Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (2),
the Commission brought the case before the Court of Justice on 7 April 2000 (case C-2000/132). In June
2000 Greece notified to the Commission the Ministerial Decision 14312/1302 as a formal adoption of
national waste management plan. The analysis of the text is underway.

In addition, the Commission brought Greece before the Court of Justice on 24 January 2001 (case C-33/
01) for failure, by virtue of the Article 8.3 of the Directive 91/689/EEC, to submit information concerning
the establishment or undertaking which carries out disposal and or recovery of hazardous waste.

As concerns the implementation of waste management Directives, Greece did not sent any report between
1989 and 1997 (3). However, in November 1999, Greece answered to four questionnaries regarding the
implementation of four Community waste directives.

Regarding the specific requirements laid down in Article 2.1 (record for disposal of hazardous waste) and
Article 4.2 (record of hazardous waste producers and of establishment and undertakings transporting
hazardous waste) of Directive 91/689/EEC on hazardous waste, the Greek authorities have informed the
Commission that measures have been taken to comply with these requirements.

The answers of the Greek authorities during the reporting exercise are rather succinct and do not allow the
Commission to obtain a general picture of hazardous waste management practice in Greece. According to
that answer 280 000 tons of hazardous waste were generated in Greece (the year is not indicated), out of
which 95 760 tons were recycled, though Greece indicated that it has no installation for the processing or
disposal of hazardous waste. The hazardous wastes are reported to be either temporarily stored or
exported for final disposal in other countries.

As the Commission does not dispose of means to inspect Greek waste management facilities or otherwise
to verify the above-mentioned figures, it has no general information on cases of environmental pollution
which are due to faulty management of hazardous waste.

(1) OJ L 194, 25.7.1975.
(2) OJ L 365, 31.12.1994.
(3) COM(97) 23 final and COM(1999) 752 final.

(2001/C 318 E/056)

WRITTEN QUESTION E-0455/01

by Cristiana Muscardini (UEN) and Gianfranco Fini (UEN) to the Commission

Subject: Pollution and infringement of regulations

(19 February 2001)

The River Sarno (cid:129) according to some newspapers the most polluted river in Europe (cid:129) has overflowed yet
again, after having already done so on 28 December. This time it has burst its banks in different areas,
flooding the surrounding land. There has been a considerable increase in tumours in the area, which
according to residents, is due to the high level of pollution caused by the floods.

In Caltanissetta, meanwhile, for years houses have been supplied with water only every four days. The
construction of a reservoir for the dam, a project which has been blocked for years, and which was
supposed to provide a regular water supply for nearby houses, has not yet been completed. The final
signatures of the Italian ministers concerned have long been awaited. Even if the work were to commence
immediately, there would be no water this summer, as has been the case for many summers now. Local
residents will suffer hardship: their personal dignity will be undermined by the lack of hygienic conditions
and families will have to bear greater costs for the purchase of mineral water. Agriculture will also suffer,
and considerable damage will be done to farmers.