WRITTEN QUESTION P-0478/02 by María Sornosa Martínez (PSE) to the Commission. Treatment centre for solid urban waste at Gomacello (Salamanca, Spain).
Date: 2002-02-14
Institutions: European Parliament, Provisional data
Subjects: EU financing, Spain, access to information, environmental impact, environmental protection, waste management

29.8.2002

EN

Official Journal of the European Communities

C 205 E/147

In its opinion, the Commission stated that Italy had not met its obligations under Article 4(2) of Directive
85/337/EEC, as it had not checked whether the project to construct a by-pass to the city of Teramo (‘Lotto
Zero’ project: alternative to state road SS 80 between Teramo and Giulianova) 1 a project covered by
Annex II of Directive 85/337/EEC 1 required an environmental impact assessment under Articles 5 to 10
of that directive.

Under Article 226 of the EC Treaty, the Commission called on Italy to take the necessary steps to comply
with its reasoned opinion.

In view of the above:

1 what stage has the above infringement procedure now reached and, specifically, has Italy taken the

necessary steps to comply with the Commission’s opinion?

1 If so, what measures have been taken, and does the Commission consider them to be appropriate and

satisfactory?

1 If Italy has not taken the necessary measures, how does the Commission intend to act?

(1) OJ L 175, 5.7.1985, p. 40.

Answer given by Mrs Wallström on behalf of the Commission

(11 April 2002)

On the basis of Article 226 of the EC Treaty, ‘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.’

The last development in the procedure, under Article 226 of the EC Treaty, mentioned by the Honourable
Member is the decision of the Commission to make an application to the Court. In the opinion of the
Commission, Italy has breached Council Directive 85/337/EEC of 27 June 1985 on the assessment of the
effects of certain public and private projects on the environment (1) in this specific case. The contents of
infringment procedures are confidential.

The Parliament is regularly informed of the status of all infringement procedures under way. Details about
the stage of infringement procedures against all Member States, which have at least been made the subject
of a reasoned opinion, can be found in the ‘Reports on monitoring the application of Community law’
annually published from the Commission.

Information concerning infringement procedures are also published, and frequently updated, on the
Commission’s Europa Internet site (2).

(1) OJ L 175, 5.7.1985 as modified by Council Directive 97/11/EC of 3 March 1997, OJ L 73, 14.3.1997.
(2) http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm#infractions.

(2002/C 205 E/159)

WRITTEN QUESTION P-0478/02

by María Sornosa Martínez (PSE) to the Commission

(14 February 2002)

Subject: Treatment centre for solid urban waste at Gomacello (Salamanca, Spain)

A project to build a solid urban waste treatment centre at Gomacello (Salamanca) is the process of being
approved. This project is encountering strong local opposition focused on the ‘Collective against the
Gomacello waste dump’.

C 205 E/148

Official Journal of the European Communities

EN

29.8.2002

This group has denounced the fact that:

1 there are better alternative locations for the waste dump, which have been rejected in order to give
priority to its location in Gomacello, by means of an irregular reassessment of the land, originally
intended for agricultural use (ideal for the cultivation of Armuña lentils, which have a registered
designation of origin);

1 a proper procedure of public information, as laid down in Community legislation, has not been

carried out, whilst the complaints submitted by those affected have mostly been ignored;

1 the statement of environmental impact is largely inadequate, according to the provisions of Directive

85/337/EEC (1) and subsequent amendments.

In view of the above, can the Commission say whether the project for the solid urban waste treatment
plant at Gomacello is receiving any kind of Community funding?

Does the Commission consider that the installation of the plant in its present form complies with
European Union legislation, in particular as regards public access to environmental information and the
environmental impact assessment?

(1) OJ L 175, 5.7.1985, p. 40.

Answer given by Mr Barnier on behalf of the Commission

(21 March 2002)

The Spanish authorities have sent the Commission an application for part-financing from the Cohesion
Fund for a project for a centre for the treatment of solid urban waste (‘Centro de Tratamiento de Residuos
Urbanos de Gomecello’) in the province of Salamanca.

The Commission recently received the further information it had requested from the national authorities,
concerning in particular whether or not an environmental impact assessment had been carried out in
accordance with Council Directive 97/11/EC amending Directive 85/337/EEC on the assessment of the
effects of certain public and private projects on the environment (1). The Commission will take no decision
on part-financing until it has thoroughly considered this information.

The Commission would also point out that, under Regulation (EC) No 1164/94 establishing a Cohesion
Fund (2), any project receiving part-financing from the Fund must comply with Community law, including
law on the protection of the environment.

The facts referred to by the Honourable Member do not enable the Commission to assess compliance with
the obligations imposed by Council Directive 90/313/EEC on the freedom of access to information on the
environment (3). It would also point out that citizens’ rights in this respect are protected by national law on
freedom of information.

(1) OJ L 73, 14.3.1997.
(2) OJ L 130, 25.5.1994, as amended by Regulations (EC) Nos 1264/1999 and 1265/1999, OJ L 161, 26.6.1999.
(3) OJ L 158, 23.6.1990.

(2002/C 205 E/160)

WRITTEN QUESTION E-0482/02

by Adriana Poli Bortone (UEN), Cristiana Muscardini (UEN),
Roberta Angelilli (UEN), Sergio Berlato (UEN), Roberto Bigliardo (UEN),
Antonio Mussa (UEN), Sebastiano Musumeci (UEN), Mauro Nobilia (UEN)
and Franz Turchi (UEN) to the Commission

Subject: Survey on non-governmental organisations (NGOs)

(22 February 2002)

NGOs (non-governmental organisations) are taking on an increasingly important role on the international
institutions as well as
political and economic scene. Many international, European and national