WRITTEN QUESTION E-0710/01 by Pietro-Paolo Mennea (ELDR) to the Commission. Groundwater pollution in the municipality of San Ferdinando.
Date: 2001-03-08
Institutions: European Parliament, Provisional data
Subjects: Italy, application of EU law, environmental law, environmental protection, groundwater, pollution from agricultural sources, soil pollution, wastewater

13.11.2001

EN

Official Journal of the European Communities

C 318 E/105

(2001/C 318 E/109)

WRITTEN QUESTION E-0710/01

by Pietro-Paolo Mennea (ELDR) to the Commission

(8 March 2001)

Subject: Groundwater pollution in the municipality of San Ferdinando

The municipality of San Ferdinando di Puglia (Foggia province) is faced with a devastating groundwater
pollution problem, caused by illegal sewers discharging dirty and highly bacteria-infected water in various
areas. This is borne out by the results of biological tests carried out by a specialised centre. The most
seriously affected areas are (cid:145)Contrada Fontana(cid:146) and (cid:145)Contrada Carro Chiuso(cid:146).

(cid:129) The court of Trinitapoli has ordered the municipality of San Ferdinando di Puglia and the A.N.A.S. to

pay compensation for the damage caused by this pollution.

(cid:129) High-quality fruit and vegetables are grown in the area and sold in Italy or exported to other European

countries.

(cid:129) The incidence of cancer, leukaemia and hepatitis has risen as a result of the illegal use of an urban

refuse tip as an incinerator.

In view of the above, will the Commission take action to stop this environmental disaster and identify all
those responsible for such illegal acts?

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).

in particular,

On the basis of Article 226 (ex Article 169) of the EC Treaty, if the Commission considers, in accordance
with its discretionary powers (1), (cid:145)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)

However, judgements of the Court of Justice only state whether there has been an infringement. The Court
of Justice can neither order a Member State to pay damages to an individual adversely affected by an
infringement of Community law nor issue orders to administrative bodies. Only national courts can issue
orders to administrative bodies and annul a national decision.

In the specific case, Council Directive 91/271/EEC of 21 May 1991, concerning urban waste-water
treatment (2), and Council Directive 75/442/EEC of 15 July 1975 on waste (3), as modified by Council
Directive 91/156/EC of 18 March 1991 (4), could be relevant. Directive 91/271/EEC 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 population equivalent (p.e.). Directive 75/442/EEC on waste, as
modified, has the objective of protecting human health and the environment against harmful effects causes
by the collection, transport, treatment, storage and tipping of waste.

However, on the basis of the information given by the Honourable Member, due to a lack of grounds of
complaint on the application of Community law, no breach of the two directives mentioned above can be
identified at present. Should the Honourable Member provide detailed information enabling the

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13.11.2001

Commission to assess the issues in relation to applicable Community environmental law, the Commission
would be able to start an investigation on the case.

(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 78, 26.3.1991.

(2001/C 318 E/110)

WRITTEN QUESTION E-0711/01

by Per Gahrton (Verts/ALE) to the Commission

(8 March 2001)

Subject: Situation of the Uighurs in Xinjiang

According to reports by human rights organisations, the situation of the Uighurs in Xinjiang is alarming in
many ways. What is the Commission(cid:146)s picture of the situation? In what way is the EU endeavouring to
improve the situation of the Uighurs?

Answer given by Mr Patten on behalf of the Commission

(8 May 2001)

The Union is committed to strengthening respect for human rights everywhere in the world. They
represent a central
issue in the Union(cid:146)s relations with third countries. The Commission is therefore
following closely the human rights situation in China, including the situation of the mainly Islamic Uighurs
who live in Xinjiang Uighur Autonomous Region. The issue is raised regularly with China in the context of
the Union/China human rights dialogue.

There are over seven million Turkic speaking Uighurs in Xinjiang, which borders Afghanistan, Pakistan,
Kazakhstan, Tajikistan and the Kyrgyz Republic. The Chinese central authorities are worried about
separatist Uighur groups and most forms of religious and cultural expression and public activity are
controlled and judged for political content.

While living conditions for the majority of the Chinese population have improved in the last twenty years
and economic reform and liberalisation have introduced an increased degree of
freedom and self-
determination for the individual there is still a wide gap between China(cid:146)s international commitments and
the human rights situation on the ground.

A bilateral dialogue on human rights was established between the Union and China in 1996. Issues raised
with China include the repression of ethnic minorities and religious freedom, repression of political
dissidence, arbitrary detention conditions, and the extensive use of the death penalty. The Union has also
regularly called on China to rapidly ratify the two United Nations Covenants on Economic, Social and
Cultural Rights, and on Civil and Political Rights that China signed in 1997 and 1998. These two
Covenants remain the cornerstone for improving the situation of individual rights in China. It is to be
welcomed that the National People(cid:146)s Congress (NPC) recently decided to approve the ratification of the
United Nations Covenant on Economic, Social and Cultural Rights, albeit with some reservations, and it
will now need to be implemented. The Union will continue to press for the ratification of the Covenant on
Civil and Political Rights.

The Union will continue to raise the issue of the situation of the Uighurs in its human rights dialogue with
China and elsewhere.