WRITTEN QUESTION E-1052/02 by Laura González Álvarez (GUE/NGL) to the Commission. Plan for waste treatment plant in Los Arcos (Navarre, Spain).
Date: 2002-04-17
Institutions: European Parliament, Provisional data
Subjects: EU financing, Navarre, application of EU law, environmental impact, hazardous waste, industrial waste, location of industry, storage of waste, waste management

C 301 E/80

Official Journal of the European Communities

EN

5.12.2002

(c) So far the Commission has not yet concluded its evaluation if the protection regime set out in
Article 6 (2)
the Habitats Directive has been correctly applied by the competent
authorities or not. An investigation of alternative solutions for the project would in fact be
necessary only if the assessment mentioned under 2a. came to the conclusion that the project
would have a significant negative impact on the site’s conservation objectives.

to (4) of

3. The Commission has been informed by the managing authority in Mecklenburg-Vorpommern, that
the project described has not been co-funded by the Structural Funds. Neither has there any project
been submitted for funding in relation to gravel extraction in the Neuendorfer Wieck so far, nor does
the managing authority know about intentions to ask for funding.

Furthermore, the regional authorities have informed the Commission, that such a project proposal would
not be eligible under the current selection criteria. In any case, all operations funded through the Structural
Funds have to fully comply with the requirements of Community legislation including those set up in the
Directives on EIA and on Habitats as referred to above.

(1) OJ L 206, 22.7.1992.
(2) OJ L 73, 14.3.1997.

(2002/C 301 E/086)

WRITTEN QUESTION E-1052/02

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

Subject: Plan for waste treatment plant in Los Arcos (Navarre, Spain)

(17 April 2002)

In September 2001 a scheme was submitted in Los Arcos (Navarre, Spain) for a large-scale industrial waste
treatment plant, which would be 2 km long and 650 metres wide, occupying an area of 1 250 000 m2 in
order to store ‘special’ types of waste indefinitely.

This scheme is promoted by Befesa, a branch of the Abengoa company, and its characteristics are similar
to those of the same company’s plant in Nerva (Huelva province) (cid:1) a plant which became famous some
time ago thanks to a series of fires provoked by the deposits. The inhabitants of this part of Navarre are
aware that
the company has on several occasions been subjected to penalties for the improper
management of toxic waste at its Cartagena plant, which is also similar to the planned one. Recently
some 30 000 people demonstrated in the locality, in a clear rejection of the Los Arcos plant.

Is the Commission aware of this project, and can it state whether there has been an application for
Community funds for its realisation?

Can the Commission state whether the following directives are applicable to this case:

(cid:1) Directive 85/337/EEC (1) on the assessment of the effects of certain public and private projects on the

environment;

(cid:1) Directive 91/156/EEC (2) amending Directive 75/442/EEC (3) on waste, which obliges the Member
States to ensure the recovery or destruction of waste without endangering human health and without
using processes or methods which could damage the environment;

(cid:1) Directive 96/82/EC (4) on the control of major-accident hazards involving dangerous substances;

(cid:1) Directive 84/360/EEC (5) on the combating of air pollution from industrial plants?

What action does the Commission intend to take in this case to ensure compliance with Community law
and, specifically, the above directives?

(1) OJ L 175, 5.7.1985, p. 40.
(2) OJ L 78, 26.3.1991, p. 32.
(3) OJ L 194, 25.7.1975, p. 39.
(4) OJ L 10, 14.1.1997, p. 13.
(5) OJ L 188, 16.7.1984, p. 20.

5.12.2002

EN

Official Journal of the European Communities

C 301 E/81

Answer given by Mrs Wallström on behalf of the Commission

(17 June 2002)

The Commission was unaware of the matter described by the Honourable Member.

It was not clear from the written question whether the project is for a toxic-waste dump, or a waste
treatment plant. The Commission is therefore unable to determine which Community legislation would
apply in this case.

In order to clarify this point, the Commission has asked the Spanish authorities for more information on
the project in question.

At present, therefore, the Commission can merely confirm that 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), as
amended by Council Directive 97/11/EC of 3 March 1997 (2), would apply to the case in question. On the
basis of the information currently available, it is not possible to say whether the other Directives cited by
the Honourable Member would apply to this case.

The Commission, in its role as guardian of the Treaties, will take the necessary action to ensure that
Community legislation is respected in the case at issue.

According to the principle of subsidiarity, and in conformity with Council Regulation (EC) No 1260/1999
of 21 June 1999 laying down general provisions on the Structural Funds (3), Member States are responsible
for both the choice of projects and their realisation. The Commission has therefore contacted the Spanish
authorities to obtain information on any co-financing of this project and will certainly inform the
Honourable Member of the results of its inquiries.

(1) OJ L 175, 5.7.1985.
(2) OJ L 73, 14.3.1997.
(3) OJ L 161, 26.6.1999.

(2002/C 301 E/087)

WRITTEN QUESTION E-1056/02

by Michiel van Hulten (PSE) to the Commission

(17 April 2002)

Subject: Investigation into formation of cartel by Dutch breweries

In March 2000,
the Commission, assisted by the Netherlands Competition Authority, carried out
inspections at the premises of the breweries Heineken, Grolsch, Interbrew and Bavaria and the Dutch
Brewers Society as part of an investigation to ascertain whether a cartel had been formed.

What further action has the Commission taken, and what stage has the investigation reached? When is it
likely to be completed?

Answer given by Mr Monti on behalf of the Commission

(22 May 2002)

The Commission confirms that in March 2000, on its behalf (1), the Netherlands Competition Authority,
assisted by Commission officials, carried out inspections at the premises of the breweries Heineken,
Grolsch, Interbrew and Bavaria and the Dutch Brewers Society as part of an investigation to ascertain
whether a cartel had been formed.