WRITTEN QUESTION E-3282/01 by Laura González Álvarez (GUE/NGL) to the Commission. Environmental pollution in San Claudio (Oviedo — Asturias, Spain).
Date: 2001-11-27
Institutions: European Parliament, Provisional data
Subjects: Principality of Asturias, air quality, application of EU law, environmental law, environmental standard, hazardous waste, pollution control measures

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Official Journal of the European Communities

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(cid:1) moreover, direct aid for local agricultural production, with a view to increasing its competitiveness,
totalled EUR 67 million and EUR 33 million for plant and animal products respectively, between 1999
and 2001 (see Table 3).

In 1999, the impact of these measures was evaluated in detail. The Commission report on the measures to
implement Article 299(2) of the EC Treaty (2) sets out the results of this assessment, which were broadly
positive. The purpose of the Commission proposal drawn up on the basis of this evaluation was to
simplify, consolidate and improve the existing framework by making the necessary adjustments. This
proposal resulted in the adoption of Council Regulation (EC) No 1451/2001 of 28 June 2001 amending
Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community
structural assistance in the fisheries sector (3).

Overall performance, GDP per inhabitant and unemployment

Concerning the impact of the Community aid on gross domestic product (GDP) and increased employment
in the Canary islands, there is no detailed evaluation available. Whilst this aid clearly has had, as
mentioned, a positive impact on the socio-economic situation, at this stage it is not possible to distinguish
it clearly from that of other factors notably national and regional policies, such as taxation regimes, social
benefit schemes or labour market policies. It also has to be borne in mind that despite the presence of
Community support, the growth performance in the region will depend on macroeconomic evolutions.
The drastic deceleration in GDP growth per capita from 1992 to 1996 shows the effect of an international
financial crisis. Nevertheless, the robust growth rates and strong fall in unemployment during the years
1995 to 1999 indicate that the situation in the Canaries has been improving markedly during the period
of implementation of the special programmes by the Community, while these have most likely cushioned
the negative impact of the adverse economic climate.

Table 4 shows the developments in GDP and employment since 1991. The GDP per capita in relation to
the Community’s average is not recorded prior to 1995, as the methodology of calculation was changed
and figures are therefore not comparable. GDP per head (index EU-15 = 100) has increased from 75 % in
1995 to 77 % in 1998, and unemployment fallen from 22 % in 1989 (24 % in 1991) to 14,5 % in 1999.

A copy of the tables has been sent direct to the Honourable Member and to the Secretariat-General of the
Parliament.

(1) OJ L 173, 27.6.1992.
(2) COM(2000) 147 final.
(3) OJ L 198, 21.7.2001.

(2002/C 301 E/002)

WRITTEN QUESTION E-3282/01

by Laura González Álvarez (GUE/NGL) to the Commission

(27 November 2001)

Subject: Environmental pollution in San Claudio (Oviedo (cid:1) Asturias, Spain)

The ‘San Claudio Aire Limpio’ environmental association (Amascal) has lodged complaints with various
authorities in the Spanish region of Asturias concerning the air and soil pollution produced by the Indasa
company, which is based in San Claudio, in the district of Oviedo (Asturias, Spain). In its smelting furnace
the company uses scrap metal, paint waste, ink and lubricating oils, all of which are regarded as hazardous
waste products. The air and soil pollution from heavy metals (lead, cadmium, etc.) which the company
generates in a location only 300 metres from the town centre (and thus in breach of Spanish law, which
requires such industries to be at least 2000 metres away from inhabited areas) makes the local population
fear for their health and for the future of the area in which they live.

In 1966 the European Union’s predecessor adopted a framework directive intended to improve air quality
and there are also Community laws laying down emission ceilings for each Member State. Furthermore, as

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regards waste, Directive 75/442/EEC (1), which establishes the basic principles relating to the collection,
disposal, re-use and treatment of waste, has been supplemented by Directive 78/319/EEC (2) on the
elimination of toxic and dangerous waste.

In the case in question the following Directives could be applicable:

(cid:1) Directive 1999/30/EEC (3) on the limit values for sulphur dioxide, nitrogen dioxide, particulate matter

and lead in ambient air;

(cid:1) Directive 82/884/EEC (4) and the amendments thereto, on a limit value for lead in air;

(cid:1) Directive 88/609/EEC (5) and the amendments thereto, on the limitation of emissions of certain

pollutants into the air from large combustion plants;

(cid:1) Directive 96/62/EC (6) on ambient air quality assessment and management.

What action is the Commission intending to take in the case under consideration in order to ensure that
current Community legislation is properly applied?

(1) OJ L 194, 25.7.1975, p. 39.
(2) OJ L 84, 31.3.1978, p. 43.
(3) OJ L 163, 29.6.1999, p. 41.
(4) OJ L 378, 31.12.1982, p. 15.
(5) OJ L 336, 7.12.1988, p. 1.
(6) OJ L 296, 21.11.1996, p. 55.

Supplementary answer
given by Mrs Wallström on behalf of the Commission

(3 June 2002)

The Spanish authorities (region of Asturias and district of Oviedo) have sent in their comments and
information in reply to the letter from the Commission relating to the activities of the Indasa company and
the application of Community environmental role to the case in point.

It emerges from an examination of the information supplied that Indasa obtained authorisation from the
district of Oviedo to carry out
industrial smelting activities for the recycling of aluminium. This
authorisation is conditional on compliance with various requirements and was obtained following various
administrative procedures.

The Spanish authorities indicate that, following complaints from the local population and inspections
carried out, it has been discovered that the activities of the company in question do not correspond
precisely with the authorisation granted. The Spanish authorities indicate that the district of Oviedo has
required adoption of a series of measures by the company and that the latter is in the process of taking the
necessary steps to bring its activities into line with the regulations in force concerning emissions into the
air.

In addition, it should be specified that the question of the distance between the plant in question and
inhabited areas is the responsibility of the national authorities and is not governed by Community law.

With regard to the application of Council Directive 96/61/EC of 24 September 1996 on integrated
pollution prevention and control (1),
it should be noted that while this plant is covered by Annex I,
point 2.5 of the Directive, Article 5 of the Directive provides for transitional arrangements for existing
plants.

At all events, as guardian of the Treaties, the Commission will be taking any steps necessary to ensure that
Community law is complied with.

(1) OJ L 257, 10.10.1996.