WRITTEN QUESTION E-1277/02 by Monica Frassoni (Verts/ALE) to the Commission. The paper mill in Tolmezzo (Udine) and Prime Ministerial Decree of 14 February 2002.
Date: 2002-05-06
Institutions: European Parliament, Provisional data
Subjects: EU control, European Commission, Veneto, application of EU law, exchange of information, industrial pollution, pulp and paper industry, watercourse

C 277 E/176

Official Journal of the European Communities

EN

14.11.2002

The outcome of this exercise will be presented soon for discussion to the Council and the Parliament, in
the form of a Commission Communication. The main objective of this Communication will be to identify
options for future action in the area of taxation of passenger cars, which will ensure the smooth
functioning of the Internal Market and advance Community’s environment objectives provided for, inter
alia, by the Kyoto Protocol.

(1) OJ L 269, 21.10.2000.
(2) Source: European Environmental Agency, Indicator 25: size and average age of vehicle fleet, lastly updated on

24 January 2001; at http://reports.eea.eu.int/ENVISSUENo12/en/page031.html

(3) Source: European Environmental Agency, Waste from road vehicles, version of 20 August 2001,

http://themes.eea.eu.int/Sectors_and_activities/transport/indicators/consequences/waste/
Waste_from_road_transport_TERM_2001.pdf.

(4) OJ L 194, 25.7.1975.

(2002/C 277 E/199)

WRITTEN QUESTION E-1277/02

by Monica Frassoni (Verts/ALE) to the Commission

(6 May 2002)

Subject: The paper mill in Tolmezzo (Udine) and Prime Ministerial Decree of 14 February 2002

A few weeks ago the courts placed the paper mill at Tolmezzo (UD) under distraint, since it had been
discovered that waste from the mill had entered the local sewerage system, was highly polluted and most
of it was discharged into the river Tagliamento without even passing through the local depuration plant.
It exceeded all the legal
limits, especially for ammonia, BOD, sulphites, phenols, surface-active agents,
nitrites, nitrates and hydrocarbons, thereby seriously endangering and damaging the environment and the
river.

On 14 February 2002 and in accordance with Law No 225 of 24 February 1992 on civil protection, the
Italian Government issued a Prime Ministerial Decree declaring a ‘socio-environmental state of emergency
as regards the depuration of waste water in the municipality of Tolmezzo’ and appointed the President of
the Region of Friuli-Venezia Giulia as commissioner for the emergency. The following day he authorised
the discharge of waste from the Tolmezzo paper mill
‘under current conditions’, pending ‘detailed
investigations’.

Law No 225 of 1992, designed to tackle emergencies and natural disasters, was used not to deal with
in order to safeguard the environment, but for the opposite purpose D to cope with the
‘pollution’
‘disaster’ of the closure of the paper mill, thereby justifying infringement of the law and opening the way
to any Italian business wanting to have a ‘licence to pollute’, by means of the law on civil protection, when
under threat of closure and the resulting redundancies.

All this is in blatant contrast with Community directives 76/464/EEC (1) (on pollution caused by certain
dangerous substances discharged into the aquatic environment of the Community) and 91/271/EEC (2)
(concerning urban waste-water treatment) and can the Commission therefore say whether it intends to take
steps to counter Italy’s infringement of Community law?

(1) OJ L 129, 18.5.1976, p. 23.
(2) OJ L 135, 30.5.1991, p. 40.

Answer given by Mrs Wallström on behalf of the Commission

(12 June 2002)

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 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.

14.11.2002

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Official Journal of the European Communities

C 277 E/177

In the specific situations referred to by the Honourable Member, Council Directives 76/464/EEC of 4 May
1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the
Community and 91/271/EEC of 21 May 1991 concerning urban waste-water treatment constitute the
possibly relevant Community law.

As it has not previously been aware of
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.

the situation described by the Honourable Member,

it will not hesitate, as the Guardian of the Treaty,

Should the Commission come to the conclusion that Community law is being breached in the specific
case,
including
infringement procedures under Article 226 of the EC Treaty,
in order to ensure the compliance with
relevant Community law.

to take all necessary measures,

(2002/C 277 E/200)

WRITTEN QUESTION E-1278/02

by Toine Manders (ELDR) to the Commission

(6 May 2002)

Subject: Evaluation of implementation of directives on wild birds and habitats

According to MKB-Nederland (which represents the interests of SMEs in the Netherlands) and sectoral
business associations, the survival of at least a thousand recreation businesses in rural areas in the
Netherlands is directly threatened. Nearly 10 000 jobs are at risk as a result. The main culprits are stringent
planning measures and the Netherlands Government’s policy on nature, which are making it impractical to
pursue recreational businesses.

Particularly in areas covered by the directives on wild birds and habitats, additional obstacles are being
placed in the way of recreation, or it is even being made completely impossible. Over the years, various
rules and regulations have been tacked onto these directives, with the result that the effect originally
intended is being overshadowed by unintended and undesirable obstacles to existing recreational activities
and tourism.

Consequently, current trends in land management and nature policy in the Netherlands are incompatible
with European initiatives and guidelines in the field of
recreation, social cohesion and
revitalisation of rural areas, such as the subsidy programme for rural areas under Objective 2 and the
central economic role which the Commission assigns to tourism cf. COM(2001) 665 final.

tourism,

1.

Is the Commission aware of this situation?

2. Will the Commission evaluate the implementation of the directives on wild birds and habitats in the
Netherlands to identify any undesirable and unintended side-effects, so that the recreation industry can
continue to develop in harmony with nature?

Answer given by Mrs Wallström on behalf of the Commission

(20 June 2002)

The Commission is aware that several economic sectors have made it known that they expect the
designation of Natura 2000 areas to have an impact on their activities.

The management in and around sites in the Natura 2000 network is not prescribed in detail by the nature
protection Council Directives 79/409/EEC of 2 April 1979 on the conservation of wild birds (1)
(‘Birds Directive’) and 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild
fauna and flora (2) (‘Habitats Directive’). It is for the Member States to decide on the most appropriate
measures for the management of these areas, while ensuring that they maintain their nature conservation
values.