WRITTEN QUESTION E-0455/01 by Cristiana Muscardini (UEN) and Gianfranco Fini (UEN) to the Commission. Pollution and infringement of regulations.
Date: 2001-02-19
Institutions: European Parliament, Provisional data
Subjects: Italy, environmental protection, public health, waste management, water pollution

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Official Journal of the European Communities

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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.

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In Torre Annunziata (Naples), too, the water supply is scarce. Mountains of uncollected refuse are a blot
on the landscape and a source of pollution (cid:129) so much so that the authorities have closed the schools for
fear of an epidemic. A sports stadium, which cost some 100 billion lire to build, has never been officially
opened and is being used as a huge, open-air rubbish tip. The president of the region, Mr Bassolino, also
happens to be the special commissioner for the so-called refuse emergency in the Campania region.

These are but a few examples of total disregard of regulations which are supposed to guarantee that
environments are fit for living in and allow people to live in a civilised manner.

Does the Commission have any instruments with which to monitor the extent of these ecological

1.
disasters?

2.

Does it have any financial programmes which could help to resolve the cases in question?

3.
Should it not start infringement proceedings against Italy, with regard to the three above-mentioned
cases, for failure to comply with regulations concerning the protection of the environment and public
health?

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

(11 May 2001)

The Commission(cid:146)s powers are limited to those conferred on it by the EC Treaty,
it 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 obligation under this
Treaty, it shall deliver a reasoned opinion on the matter after giving the State 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).

in particular,

In particular, the scarcity in water supply in Caltanisetta and Torre Annunziata and the overflowing of the
River Sarno are not covered by any existing Community directives or regulations currently in force.

The pollution of River Sarno could be relevant to Council Directives 91/271/EEC of 21 May 1991,
concerning urban waste-water treatment (2), 75/440/EEC of 16 June 1975, concerning the quality required
of surface water intended for the abstraction of drinking water in the Member States (3) and 76/464/EEC of
4 May 1976, on pollution caused by certain dangerous substances discharged into the aquatic environment
of the Community (4). However, 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.

On the basis of the information given by the Honourable Members, the waste treatment situation in Torre
Annunziata could be relevant to Council Directive 75/442/EEC of 15 July 1975, on waste (3), as modified
by Directive 91/156/EEC of 18 March 1991 (5), which has the objective of protecting human health and
the environment against harmful effects caused by the collection, transport, treatment, storage and tipping
of waste. Not being aware of the situation described by the Honourable Members, the Commission will
take the appropriate steps in order to gather detailed information about it and to ensure the observance of
Community law.

The Commission cannot be aware of all situations which are likely to be considered as a bad application of
environmental Community law by the Member States. Such situations are normally drawn to the attention
of the Commission by letters of complaint, Parliamentary Written Questions and Petitions to the Petitions
Committee of the Parliament. However, situations claimed to be inconsistent with the relevant Community
law need to be precisely described so as to enable the Commission to assess them in relation to applicable
Community environmental law.

Interventions in the fields of waste treatment, water supply and environmental infrastructure can be co-
financed by the European Regional Development Fund (ERDF), in the context of the Community Support
Framework for Objective 1 areas. In the case of Mezzogiorno particularly, the ERDF together with the
funds participates to finance the regional operational programmes for
other Community structural

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Campania and Sicily, directly managed by the regional administrations. Following article 8 of Council
Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural
Funds (6), the implementation of assistance is the responsibility of the Member States at the appropriate
territorial level.

(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 (OJ C 332, 3.11.1997).

(2) OJ L 135, 30.5.1991.
(3) OJ L 194, 25.7.1975.
(4) OJ L 129, 18.5.1976.
(5) OJ L 78, 26.3.1991.
(6) OJ L 161, 26.6.1999.

(2001/C 318 E/057)

WRITTEN QUESTION E-0457/01

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

Subject: food monitoring

(19 February 2001)

In view of the numerous cases of fraud which have come to light in Italy and other countries, can the
Commission say what measures it has taken to check that banned products are not used in food in the EU
and to monitor the situation?

Such cases of fraud have included:

(cid:129) olive oil diluted with seed oils or olive residues;

(cid:129) dried ox blood for colouring wine (France, 1999);

(cid:129) meal derived from mineral oils;

(cid:129) chickens, hams and pigs contaminated by carcinogens such as polychlorobiphenyl, of which dioxin is

a derivative;

(cid:129) the use of powdered milk in the production of cheeses, ice creams, etc.

Can the Commission also specify which of these cases of fraud relate to products imported from non-
member states?

Answer given by Mr Byrne on behalf of the Commission

(16 May 2001)

Blends of olive oil with other vegetable oils that are declared and sold as such are not prohibited under
Community legislation and pose no health risk.

As regards blends with oils obtained from the second pressing, these are everyday virgin olive oils which
are in any case refined and thus pose no health risk.

As regards blends which are fraudulent, i.e. not declared as such and sold as olive oil, it is the Member
the level of
States themselves who are responsible for measures and controls to combat
consumption.

fraud at

However, the Commission has regulated a whole series of methods for detecting blends and promotes the
improvement of analysis methods. In addition, Community legislation provides for controls on over 30 %
of mills.

The use of blood albumin (not powdered blood), now banned by Community legislation, was legal until
1997 as a processing aid to clarify wine, i.e. without leaving any residue in the wine. The use of colouring
agents in wine has always been prohibited.