WRITTEN QUESTION E-3097/02 by Joaquim Miranda (GUE/NGL) to the Commission. (Possible) complaint by the Commission against Portugal concerning the construction of a paper recycling plant in Mourão.
Date: 2002-10-28
Institutions: European Parliament, Provisional data
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, bird, complaint to the Commission, environmental impact, impact study, protected area, pulp and paper industry, waste recycling

C 222 E/44

Official Journal of the European Union

EN

18.9.2003

In response to the problems in the industry, the Commission sent the Council a proposal for the
4.
reform of the common organisation of the market in flax and hemp, which was adopted in July 2000.
The new arrangements came into force for the 2001/2002 marketing year and the situation of the
industry has improved accordingly.

5.
The Commission, in partnership with the other Community institutions and the Member States,
is keen to ensure permanent, efficient and effective control over the wide range of Community subsidies.

Where cases or situations such as they are described by the Honourable Member arise, the appropriate
machinery is in place to draw the competent authorities’ attention to them and ensure monitoring by the
Member State or the Community (or both).

In the common agricultural policy context, Regulation (EEC) No 4045/89 (1), recently amended,
6.
reinforced the provisions in cases where Member States carry out common measures involving mutual
assistance between them.

All the rules and regulations relating to the clearance of EAGGF Guarantee Section accounts enable the
Commission, where possible, to detect and prevent the situations described by the Honourable Member.

in its policy of protecting the Community’s financial

Moreover,
the
Commission endeavours to make up for any inadequacy, improve the regulatory framework and adapt it
to changing circumstances. In order to fraud-proof new legislation, intervention by OLAF at an early stage
in he drafting of legislative proposals is planned. Lastly, the Commission also strives to help Member States
to detect and correct irregularities.

interests and combating fraud,

(1) Council Regulation (EEC) No 4045/89 of 21 December 1989 on scrutiny by Member States of transactions forming
part of the system of financing by the Guarantee Section of the European Agricultural Guidance and Guarantee
Fund and repealing Directive 77/435/EEC (cid:1) OJ L 388, 30.12.1989.

(2003/C 222 E/049)

WRITTEN QUESTION E-3097/02

by Joaquim Miranda (GUE/NGL) to the Commission

(28 October 2002)

Subject: (Possible) complaint by the Commission against Portugal concerning the construction of a paper

recycling plant in Mourão

The Portuguese government, in Decree-Law No 364/99 of 17 September 1999, laid down the conditions
for the privatisation of the undertaking Gescartão SGPS, which incorporates the Portucel Recicla enterprise
in Mourão. This enterprise has, in the meantime, been closed down because it was located in the path of
the new Alqueva Dam. The same decree-law authorised the construction of a new plant to replace it, in
the same municipality, by the purchaser, and a timetable was laid down. However,
the purchaser
(a consortium formed by the Sonae group and Europac) has failed to meet any of its legal obligations
within the agreed deadlines.

Meanwhile, the same group has stated that it intends to construct another plant, but in a different place
and in a different branch of activity. This plan was endorsed by the previous Portuguese government.

Recently, the present Portuguese government, when asked about developments, in anticipation, and indeed
justification, of the non-construction of the proposed plant in Mourão, has claimed that the Commission
lodged a complaint against Portugal for having authorised such a plant in a protected and environmentally
sensitive area.

In view of the above and, in particular, the deep concern which the inhabitants of the municipality of
Mourão and the surrounding area quite justifiably feel on this issue, can the Commission confirm whether
it has lodged such a complaint, and, if so, explain its reasons and specify the date? Should the complaint
have been lodged, can the Commission also indicate what information it possessed on the whole subject at
the time of lodging the complaint?

18.9.2003

EN

Official Journal of the European Union

C 222 E/45

Answer given by Mrs Wallström on behalf of the Commission

(5 December 2002)

The Commission can confirm that it received a complaint (no. 2000/4884) concerning the plan to build
the plant referred to in the Written Question and that it sent Portugal a reasoned opinion as provided for
in Article 226 of the EC Treaty, for failing to comply with the requirements of Article 4 of Council
Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (1).

The impact study found that numerous bird species were present in the area, notably steppe birds such as
Tetrax tetrax, Pterocles orientales, Grus grus, Otis tarda and Burhinus oedicnemus, included in Annex I to
Directive 79/409/EEC, and that the project would have an adverse effect on the conservation of these
species.

‘the species mentioned in Annex I shall be the subject of
Under Article 4(1) of Directive 79/409/EEC,
special conservation measures concerning their habitat, in order to ensure their survival and reproduction
in their area of distribution’.

(1) OJ L 103, 25.4.1979.

(2003/C 222 E/050)

WRITTEN QUESTION E-3100/02

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

(28 October 2002)

Subject: Workplace accidents in Spain

The increase in the number of deaths resulting from accidents in the workplace in the last few months,
most of which occurred in the construction and services sector, is giving cause for concern in Spain. The
number of deaths from work-related accidents shot up by 9,96 % in the first half of this year, totalling
574, according to official data published in the Spanish press. Within the EU, one in five deaths caused by
a workplace accident in 2001 occurred in Spain.

Can the Commission state whether the Kingdom of Spain has correctly transposed all the Community
legislation concerning health and safety at work?

Can the Commission supply, in accordance with the Community measures adopted in order to improve
health and safety in the workplace in the EU, a comprehensive final report containing an evaluation of
Spain’s main activities in this matter?

The Framework Directive 89/391/EEC (1) on the introduction of measures to encourage improvements in
the safety and health of workers at work enforces the principle of prevention. Article 6 (2) of this directive
stipulates that the employer shall avoid risks, evaluate the risks which cannot be avoided, combat the risks
at source, adapt the work to the individual, etc.

Can the Commission guarantee that Framework Directive 89/391/EEC, along with the specific directives
on the introduction of measures to encourage improvements in the safety and health of workers at work,
is being applied correctly in Spain?

(1) OJ L 183, 29.6.1989, p. 1.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(29 November 2002)

In its communication ‘Adapting to change in work and society: a new Community strategy on health and
safety at work 2002-2006’ (1), the Commission set itself the objective of achieving a steady reduction in
occupational accidents, including fatal accidents. The new strategy is based on consolidating a culture of
risk prevention, on combining a variety of political instruments (cid:1) legislation, social dialogue, innovative