WRITTEN QUESTION E-0587/02 by Guido Bodrato (PPE-DE), Massimo Carraro (PSE)and Monica Frassoni (Verts/ALE) to the Commission. Failure to carry out environmental impact assessment.
Date: 2002-03-06
Institutions: European Parliament, Provisional data
Subjects: Italy, environmental impact, environmental law, infringement of EU law, project evaluation, waste disposal, waste management

18.7.2002

EN

Official Journal of the European Communities

C 172 E/215

Should the Commission be informed that Community law is being breached in the specific case, it would
not hesitate, as the guardian of the EC Treaty, to take all necessary measures,
including infringement
procedures under Article 226 of the EC Treaty, in order to ensure the observance of relevant Community
law.

(1) OJ L 175, 5.7.1985.
(2) OJ L 73, 14.3.1997.

(2002/C 172 E/229)

WRITTEN QUESTION E-0582/02

by Nuala Ahern (Verts/ALE) to the Commission

(6 March 2002)

Subject: Illegal dumping of hazardous waste in Co. Wicklow, Ireland.

Could the Commission indicate what action it has taken, or intends to take, against Wicklow County
Council and the Irish Government over the illegal dumping of more than 300 000 tonnes of waste,
including hazardous waste, discovered in Whitestown, Co. Wicklow in November 2001 given that:

1. Wicklow County Council has stated that it intends to seal the site, as it claims that the cost of moving

the waste to a legal landfill and restoring the site to its original condition is too high;

2.

a failure on the part of Wicklow County Council to clear up the site will mean that it will be in breach
of Directive 75/442/EEC (1), and, in particular, Articles 4, 8 and 9 thereof, and

3. Wicklow County Council became aware of the illegal site in 1998 and, notwithstanding, did not step

in and clean it up, despite potential dangers to public health.

(1) OJ L 194, 25.7.1975, p. 39.

Answer given by Mrs Wallström on behalf of the Commission

(9 April 2002)

The Commission has received a complaint about this landfill and is investigating the case.

The Commission has the task of ensuring the correct application of Community law, in the light of the
powers conferred on it by the EC Treaty. As the guardian of the EC Treaty, it does not hesitate to take all
necessary measures, including infringement procedures under Article 226 of the EC Treaty, in order to
ensure the observance of Community law.

(2002/C 172 E/230)

WRITTEN QUESTION E-0587/02

by Guido Bodrato (PPE-DE), Massimo Carraro (PSE)
and Monica Frassoni (Verts/ALE) to the Commission

(6 March 2002)

Subject: Failure to carry out environmental impact assessment

EU principles

Article 27 of the Veneto regional law No 10/99 has been ruled invalid on the grounds of incompatibility
with the
(Commission Directive
85/337/EEC (1)), in a reasoned opinion of 3 August 2000 concerning breaches of Community environ-
mental legislation by regional authorities, including the Italian region of Veneto. However, under the above
law the Veneto region has authorised yet another category 2B discharge of woodpulp, considered as

environmental

concerning

assessment

impact

C 172 E/216

Official Journal of the European Communities

EN

18.7.2002

perishable waste, and proposes to store this waste overground in the municipality of Silea (Treviso
province), without having carried out a prior environmental
impact assessment and in breach of the
preventive and precautionary principle laid down in the Single European Act of 1986 and incorporated in
Italy by Law 909/1986.

This discharge affects the route of the Via Claudia Augusta, the road which linked ancient Rome with
northern Europe and is therefore of Community interest, as well as the adjoining Parco del Sile.

Operations are continuing despite the fragility of the ground waters and the hydro-geological system.

In view of the contradiction between Article 1 of regional law No 14 of 8 May 1989 and the Aarhus
Convention of 25 June 1998, as incorporated in Italy by the law of 16 March 2001, and the consequent
impossibility of any legal action by citizens, can the Commission state whether the Veneto region is in any
instances in breach of Community principles and indicate what preventive measures it intends to adopt to
obtain an immediate suspension of operations?

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

Answer given by Mrs Wallström on behalf of the Commission

(4 April 2002)

According to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain
public and private projects on the environment, whether before or after amendments by Council Directive
97/11/EC of 3 March 1997 (1), Member States are obliged to ensure that, before consent is given, projects
likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location
are made subject to a requirement for development consent and an assessment with regard to their effects.
Projects covered by the Directive are identified in the annexes.

impact assessment

to an environmental

Under Directive 85/337/EEC prior to the amendments, projects falling into Annex II are to be made
subject
their
characteristics so require. However, Member States are considered to be obliged to make a pre-assessment
in order to establish whether Annex II projects need to be made subject to an EIA procedure. Under
Directive 85/337/EEC, as modified, for Annex II projects, Member States are obliged to determine through
a case-by-case examination or thresholds or by the setting of criteria whether the project shall be made
subject to an assessment in accordance with Articles 5 to 10. The above mentioned determination is
known as ‘screening’.

(EIA) where Member States consider

that

In the opinion of the Commission, based on the information given by the Honourable Member, the work
to which the question refers could fall within the scope of Directive 85/337/EEC, and, in particular, into
categories 11c of Annex II of Directive 85/337/EEC before the amendments (Installations for the disposal
of industrial and domestic waste, unless included in Annex I) and/or 11b of Annex II of Directive
85/3337/EEC after the amendments (Installations for the disposal of waste E projects not included in
Annex I).

In the specific case, as it is not aware of the situation described by the Honourable Member, the
Commission will take the appropriate steps in order to gather detailed information about it and to ensure,
within the limits conferred on it by the EC Treaty, the compliance with Community law.

Should the Commission come to the conclusion that Community law is being breached in the specific
case, it would not hesitate, as the guardian of the EC Treaty, to take all necessary measures, including
infringement procedures under Article 226 of the EC Treaty,
in order to ensure the compliance with
relevant Community law.

(1) OJ L 73, 14.3.1997.