WRITTEN QUESTION E-0659/03 by Maurizio Turco (NI) to the Commission. Seizure of a large number of enormous illegal waste dumps in Sicily and Directive 75/442/EEC.
Date: 2003-03-06
Institutions: European Parliament, Provisional data
Subjects: EU control, Sicily, environmental protection, infringement procedure (EU), operational programme, regional policy, unauthorised dumping, waste management

21.11.2003

EN

Official Journal of the European Union

C 280 E/79

An infringement procedure is ongoing on this issue. In this respect, the Commission has issued a reasoned
opinion pursuant to Article 226 of the EC Treaty. In the absence of an answer to this reasoned opinion,
the Commission decided to bring the case before the Court of Justice in Luxembourg. Shortly afterwards,
the authorities of the Netherlands responded to the reasoned opinion. This answer and a supplementary
answer of January 2003, as well as information received from the complainant, are currently under
assessment. In addition, in as far as these have not yet been brought forward during the infringement
procedure, the Commission will take the elements mentioned by the Honourable Member into account in
this context.

Depending on the outcome of the assessment of all the elements involved, the Commission may conclude
that the conditions of Article 9 of the Directive have been fulfilled and close the case. Otherwise, the
Commission could decide to implement its former decision and bring the case before the Court of Justice.

(2003/C 280 E/084)

WRITTEN QUESTION E-0659/03

by Maurizio Turco (NI) to the Commission

(6 March 2003)

Subject: Seizure of a large number of enormous illegal waste dumps in Sicily and Directive 75/442/EEC

In the last few weeks about a hundred illegal waste dumps have been discovered in Sicily, including:

(a) a dump containing waste of every kind,

including special and hazardous waste, spread over five
municipalities in the province of Messina, between the Monti Peloritani and the river Mela, close to a
tourist area of great
importance for the Region of Sicily and covering 225 square kilometres,
equivalent to one hundredth of the surface area of Sicily;

(b) a dump containing industrial quantities of special non-hazardous waste located in the municipality of
Ribera (Agrigento) in the district of Mancusi, a protected geological site near the river Verdura, and
extending over 65 000 square metres;

(c) a dump containing 215 tonnes of railway sleepers, to be considered as special hazardous waste
because they are impregnated with cresolates, located near the station of Megara Giannalena, in the
vicinity of the municipality of Augusta (Syracuse) and covering an area of 40 000 square metres.

According to Article 7 of Directive 75/442/EEC (1) Member States are obliged to take the necessary
measures to ensure that any holder of waste has it handled by a private or public waste collector or by an
undertaking carrying out recovery or disposal, unless he disposes of it himself. If the identity of the holder
is unknown (as in the case of illegal dumps), it is up to the national authorities to adopt the measures
necessary to comply with the provisions of Article 7. The uncontrolled dumping of waste in the long term
also constitutes an infringement of Article 4 of Directive 75/442/EEC, according to which waste must be
recycled or disposed of without endangering human health and without harming the environment
(European Court of Justice, Case C-365/97 (cid:1) S. Rocco).

Can the Commission say:

(cid:1) whether the Region of Sicily has received Community funding for the reclamation of areas in which

illegal dumps were located and/or to create and manage controlled dumps;

(cid:1) since the large number of dumps discovered, the vast areas involved and the volume of material
dumped imply that for a long time there were no controls, what steps it will take in accordance with
Directive 75/442/EEC?

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

C 280 E/80

Official Journal of the European Union

EN

21.11.2003

Answer given by Mrs Wallström on behalf of the Commission

(3 April 2003)

As correctly underlined by the Honourable Member, illegal landfills of waste could be relevant for the
application of Council Directive 75/442/EEC of 15 July 1975 on waste (1) as amended and in particular of
its Articles 4, 8 and 9. They could also be relevant under Council Directive 1999/31/EC of 26 April 1999
on the landfill of waste (2).

However, in the specific cases, not being 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 to it by the EC Treaty, compliance with Community law.

As the Honourable Member knows, on the basis of Article 211 of the EC Treaty, ‘in order to ensure the
proper functioning and development of the common market, the Commission shall ensure that the
provisions of this Treaty and the measures taken by the institutions pursuant thereto are applied’.

Among the range of measures available to the Commission in particular in the context of its duties as
guardian of the Treaty, infringement procedures pursuant to Article 226 of the Treaty might be initiated if
the Commission considers that a Member State has failed to fulfil an obligation under Community Law.

As for reclamation of the contaminated sites, measure 1.4.2 of the regional operational programme for
Sicily (2000-2006 programming of the Structural Funds) provides for action such as the identification and
rehabilitation of polluted sites. The Commission’s information is that no payments have been made under
this measure to date; nor has any application been made for payment.

(1) OJ L 194, 25.7.1975.
(2) OJ L 182, 16.7.1999.

(2003/C 280 E/085)

WRITTEN QUESTION E-0678/03

by Marco Cappato (NI) to the Council

(7 March 2003)

Subject: Arrest of the Peruvian national Nelson Palomino

Last week, whilst I was staying in Lima Nelson Palomino (cid:1) one of the leaders of the Peruvian ‘campesinos’
(cid:1) was arrested on charges of incitement to terrorism, an offence covered by the Fujimori government’s
Penal Code, which is currently undergoing reform. Peruvian press sources indicate that Palomino is
allegedly guilty of encouraging demonstrations and road blocks without ruling out the use of force.

Relations between the Peruvian Government and the ‘campesinos’ are particularly tense because of a
stalemate in the dialogue on a package of agricultural reforms, in particular the disastrous policies to
eradicate by force the cultivation of coca.

During my meeting with the leaders of the Peruvian anti-drugs agency Devida, they refused to give me and
the Secretary of the International Anti-Prohibitionist League, Marco Perduca, any information on the
situation of the ‘campesinos’ and, in particular, on the arrest of Palomino.

Can the Council ask the Peruvian authorities for information (cid:1) to be passed on to Parliament -concerning
a situation which, if it is not tackled promptly in a spirit of dialogue, threatens to lead to outbreaks of
violence such as those which caused dozens of people to die and hundreds to be injured in neighbouring
Bolivia in recent weeks?