WRITTEN QUESTION E-1359/01 by Laura González Álvarez (GUE/NGL) to the Commission. Health and environmental problems (Mugardos, La Coruña, Spain).
Date: 2001-05-07
Institutions: European Parliament, Provisional data
Subjects: Spain, application of EU law, dangerous substance, environmental impact, environmental law, environmental protection, environmental risk prevention, health risk, impact study, industrial hazard, industrial pollution, natural gas, power plant

C 350 E/118

Official Journal of the European Communities

EN

11.12.2001

Under Decree RD 2414/1961 of 30 November 1961 (published in the Spanish Official Gazette, BOE No
292 of 7.12.1961) on nuisances and unhealthy, harmful, and dangerous activities, the regasification plant
is classed as a (cid:145)dangerous activity(cid:146) (1). The classification is the same in Royal Decree RD 1254/1999 of
16 July 1999 on measures to control
in serious incidents involving dangerous
the risks inherent
substances (2). Chapter 1, Article 4, of Decree 2414/1961 lays down a general rule to the effect that
manufacturing industries which must be considered dangerous or unhealthy must be sited at a distance not
less than 2 000 metres from the nearest population centre (3). The European standard EN-1473 (May
1997), transposed in Spain in May 1998 as standard UNE-1473, calls for dangerous sites to be analysed,
risk probabilities to be estimated, also taking into account the (cid:145)human factor(cid:146), and theoretical leakage, gas
dispersion, the discharge jet, etc. to be modelled.

A further factor to consider, as stipulated in Article 8 of RD 1254/1999, is the (cid:145)domino effect(cid:146) (whereby
the initial
incident triggers a chain of explosions at other nearby plants where there are dangerous
substances), but this has not been done (4). If an incident were to occur, two installations already in use at
the present time could thus bring about a domino effect, namely the type B and C oil tanks (500 metres
away) and the military arsenal (1 200 metres away).

Given that it would be dangerous to set up a natural gas regasification plant in Mugardos, will the
Commission intervene and, if so, what steps will it take?

Is it acceptable that energy conversion should be carried out without a State plan to ensure compliance
with the most basic safety regulations?

Does the Commission not think that the environmental impact of the plant needs to be assessed?

(2)

(1) According to the above decree, activities are classed as (cid:145)dangerous(cid:146) if their purpose is to manufacture, handle, deal
in, or store products likely to occasion serious risks on account of explosions, combustion, radiation, or other risks
of comparable magnitude to life and property.
In the list of substances set out in Part 1 of Annex 1, the decree refers to highly flammable liquefied gases
(including LPG) and natural gas.
In addition, paragraph 2 of Decree RD 1254/1999 stipulates that land use policies must allow for the need to
maintain the necessary distances between the plants covered by the Decree and residential areas, areas frequented by
the public, and areas of natural interest. As far as existing plants are concerned, they must also provide for the
additional technical measures referred to in Article 5 so as to avert further risks to life.

(3)

(4) Applied to a gas leak of 944 kg per second, assuming class E atmospheric stability and a wind speed of 2 metres per
second, the Pasquill-Gifford pollutant dispersion model produces the following results: (cid:129) The asphyxiation zone
(33 % (0,22 kg per m3)) would extend over a distance of 750 m. Falling within that radius are the type B and C oil
tanks installed last summer by Forestal del AtlÆntico, which have a capacity of 200 000 m3 and are situated 500
metres away (domino effect), and a glue factory. The boundary of the zone also falls just short of Mugardos town
centre, which lies 900 m away. (cid:129) The upper flammability limit (14 % (0,092 kg per m3)) would be reached at
a distance of 1 250 m. Falling within that radius are Mugardos town centre (900 m away), O Seixo (1 200 m away),
and a military arsenal (domino effect), situated 1 200 m away. (cid:129) The lower flammability limit (5 % (0,033 kg per
m3) would be reached at a distance of 2 250 m, i.e. as far as the Magdalena district of El Ferrol as well as the other
places listed above.

(2001/C 350 E/129)

WRITTEN QUESTION E-1359/01

by Laura GonzÆlez `lvarez (GUE/NGL) to the Commission

(7 May 2001)

Subject: Health and environmental problems (Mugardos, La Coruæa, Spain)

The firm Forestal del AtlÆntico SA, located in the municipality of Mugardos (La Coruæa, Spain) has been
causing serious problems for the health of residents and damage to the environment for many years.
Atmospheric emissions from the firm concerned are causing irritation to the eyes and nose and extremely
unpleasant smells, thus harming both the public and their environment. Furthermore, the activities carried

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Official Journal of the European Communities

C 350 E/119

out by the firm produce a high level of noise pollution and solid and liquid waste which pollutes the
surrounding land.

A gas plant is now to be built a short distance away from a population centre and less than 1500 metres
away from the town of Mugardos. An area of 90 000 m2 along the Ferrol estuary has already been cleared
and filled in in preparation for the project.

Can the Commission guarantee that the activities of the above firm do not pose a risk either to health or
the environment and that the following directives are being correctly applied in this case:

(cid:129) Directive 91/156/EEC (1), amending Directive 75/442/EEC (2) on waste;

(cid:129) Directive 85/337/EEC (3) on the assessment of the effects of certain projects on the environment;

(cid:129) Directive 80/68/EEC (4) on the protection of groundwater against pollution caused by certain

dangerous substances;

(cid:129) Directive 96/82/EC (5) on the control of major-accident hazards involving dangerous substances;

(cid:129) Directive 75/439/EEC (6) on waste oils, and

(cid:129) Directive 90/313/EEC (7) on access to information on the environment?

Can the Commission keep me informed of what action it intends to take on this matter?

(1) OJ L 78, 26.3.1991, p. 32.
(2) OJ L 194, 25.7.1975, p. 39.
(3) OJ L 175, 5.7.1985, p. 40.
(4) OJ L 20, 26.1.1980, p. 43.
(5) OJ L 10, 14.1.1997, p. 13.
(6) OJ L 194, 25.7.1975, p. 23.
(7) OJ L 158, 23.6.1990, p. 56.

(2001/C 350 E/130)

WRITTEN QUESTION E-1379/01

by Rosa MiguØlez Ramos (PSE) to the Commission

(7 May 2001)

Subject: Projected regasification plant in Mugardos (Galicia, Spain): incompatibility with Community law

The Tojeiro Group is planning to set up a regasification plant in Mugardos, Galicia, expanding its extensive
existing industrial complex in the same area (glue and resin factory, ship deballasting and degassing plant,
oil storage facilities, etc.). Mugardos is thus already being subjected to severe environmental pressure from
the plants owned by the conglomerate. A future gasifier could accordingly serve to exacerbate the adverse
environmental and public health consequences which the locality is now suffering.

In addition, the planning of the regasification plant has infringed two key points of Community legislation:

(cid:129) the plant has not been the subject of an environmental impact assessment (failure to comply with

Directive 97/11/EC (1), which includes plants of the type concerned in Annex I);

(cid:129) the plant does not conform to standard EN-1473 (transposed in Spain as UNE-1473), which calls for
risks to the population to be rigorously assessed and measures taken to prevent possible accidents.

Furthermore, Tojeiro(cid:146)s other industrial installations have been giving rise to local protest (especially where
Forestal del AtlÆntico is concerned) because:

(cid:129) the locality is being exposed to high levels of noise pollution, possibly contrary to the European

legislation on outdoor building machinery;