WRITTEN QUESTION E-0491/03 by Konstantinos Hatzidakis (PPE-DE) to the Commission. Inspection of Kouroupitos waste disposal site in Greece.
Date: 2003-02-21
Institutions: European Parliament, Provisional data
Subjects: Greece, case-law (EU), infringement of EU law, sanction (EU), waste management

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the EU’s external borders,

is awaiting a study by the
As regards the management of
Commission on burden-sharing between the Member States and the Union which was requested in the
Conclusions of the Seville European Council. Secondly, the Council’s bodies will also examine this question
in the context of the follow-up to Part II of the Commission’s Communication to the Council and the
European Parliament:
relations with third
countries’ (3).
for
repatriation of immigrants and rejected asylum seekers, for management of external borders and for
asylum and migration projects in third countries’).

financial resources available at Community level

(‘Report on the effectiveness of

‘Integrating migration issues

in the European Union’s

the Council

(1) OJ L 212, 7.8.2001, p. 12.
(2) OJ L 252, 6.10.2000, p. 12.
(3) COM(2000) 703 final.

(2003/C 222 E/236)

WRITTEN QUESTION E-0491/03

by Konstantinos Hatzidakis (PPE-DE) to the Commission

Subject: Inspection of Kouroupitos waste disposal site in Greece

(21 February 2003)

The Kouroupitos waste disposal site in Crete, concerning which Greece has already been condemned by
the European Court of Justice, was recently visited by EU inspectors.

Can the Commission provide the following information:

(cid:1) What were the findings of the inspectors?

(cid:1) Has Greece taken suitable action to remedy matters, following the most recent ruling by the European
Court of Justice and, if not, what steps will the Commission take to ensure full compliance with
Community law?

Answer given by Mrs Wallström on behalf of the Commission

(31 March 2003)

In its judgement (1) of 4 July 2000 (second judgement under Article 228 of the EC Treaty) the European
Court of Justice declared that Greece had failed to take the measures necessary to ensure that waste is
disposed of
in the area of Chania without endangering human health and without harming the
environment in accordance with Article 4 of Council Directive 75/442/EEC of 15 July 1975 on waste (2).
In addition, Greece had failed to draw up for that area plans for the disposal of waste pursuant to Article 6
of Directive 75/442/EEC, and the disposal of toxic and dangerous waste pursuant to Article 12 of Council
Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste (3). Accordingly,
it had not
implemented all the necessary measures to comply with the judgement of 7 April 1992 in Case C-45/91 (4)
(first
its obligations under
Article 171 of the EC Treaty.

the EC Treaty) and had failed to fulfil

judgement, under Article 226 of

The Court ordered Greece to pay to the Commission, into the account designated ‘EC own resources’, a
penalty payment. This penalty was set at EUR 20 000 for each day of delay in implementing the measures
necessary to comply with the judgement of 7 April 1992, from delivery of the second judgement until the
first judgement had been complied with. The Commission sent periodically letters to the Greek authorities
requesting the payment of the daily penalty of EUR 20 000 for the months of July 2000 (as from the 4th)
to February 2001 inclusive. Greece has paid within the deadlines set. This represents a total of
EUR 5 400 000 paid to the Commission by Greece.

By successive letters sent in July 2000, October 2000 and March 2001, the Greek authorities have
communicated to the Commission information regarding the adoption of management plans for solid and
dangerous waste in the district of Chania, the definitive closure of the illegal dump at Kouroupitos, the full
functioning of the new provisional installation in Messomouri, and the timetable for the construction of a
permanent waste landfill site and composting plant in Korakia. In order to verify technical and factual
aspects of this information, the Commission selected two independent experts, who after inspecting the

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site area in June 2001 produced a report accompanied by photographic evidence. In the light of the above,
the Commission concluded that Greece had complied with the requirements of the Court judgement.

In April 2002, the Commission received a complaint in relation to the operation of the installation in
Messomouri, the delay of the construction of the installations at Korakia and the non-rehabilitation of the
Kouroupitos site. The Commission has raised the issue with the Greek authorities. The official reply of the
Greek authorities is currently under examination with a view to assessing whether Greece has complied
with Community environmental legislation.

In parallel, the Commission designated a group of independent experts, who visited the relevant sites in the
Chania prefecture in February 2003. The final report of the experts is not yet available.

The Commission will not hesitate to take all requisite measures to ensure that Community environmental
legislation has been respected.

(1)

Judgement of 4 July 2000, C-387/97, ECR p.5047. We have to notice that Article 171 mentioned in the judgement
has become Article 228.

(2) OJ L 194, 25.7.1975.
(3) OJ L 84, 31.3.1978.
(4)

Judgement of 7 April 1992, C-45/91, ECR p.2509.

(2003/C 222 E/237)

WRITTEN QUESTION P-0500/03

by Chris Davies (ELDR) to the Commission

(17 February 2003)

Subject: Pelagic pair trawls and death of dolphins

In response to my question of 5 June 2002 (E-1606/02 (1)) the Commission indicated that it was hoping to
bring forward legislative proposals to alleviate the problem of dolphins being killed by pelagic pair
trawling.

Latest figures indicate an alarming rise in the number of dead dolphins being washed ashore on the
beaches of SW England.

What steps is the Commission currently taking and what effect does the Commission believe these will
have on reducing the number of dolphins killed?

Will the Commission introduce an immediate temporary ban on sea bass fishing until changes are made in
fisheries’ practice, management and regulation?

(1) OJ C 309 E, 12.12.2002, p. 143.

Answer given by Mr Fischler on behalf of the Commission

(6 March 2003)

The Commission is well aware of the problem of dead dolphins being washed ashore on the beaches of
Member States, in particular in this winter period in the south of United Kingdom.

According to the ‘Habitats’ Directive (1), Member States shall take measures for the protection of small
cetaceans and to ensure a favourable state of conservation of
these species (including population
assessment, monitoring of incidental killing, mitigation measures and habitats protection). The Commission
is however convinced that additional Community measures are needed to increase conservation of small
cetaceans, in particular in the fisheries sector, in a consistent and co-operative manner at Community level.

In order to prepare legislative proposals to address the problem of by-catch of cetaceans in fisheries, the
Commission is currently in the process of examining the information and the advice received, at its
request, from the International Council for the Exploration of the Sea (ICES) and the Scientific, Technical