WRITTEN QUESTION E-0929/03 by Jorge Moreira Da Silva (PPE-DE) to the Commission. Legionnaire's disease.
Date: 2003-03-24
Institutions: European Parliament, Provisional data
Subjects: EU Member State, air conditioning, building safety, disease prevention, health legislation, liability of the State, public building, respiratory disease

6.2.2004

EN

Official Journal of the European Union

C 33 E/93

The sensitive wildlife sites referred to are likely to be identified as Natura 2000 sites on Polish accession.
This implies that strict conservation rules will apply. Article 6 of the Habitats Directive requires all Member
States to carry out a full assessment of all alternatives to a proposed investment that risks having a
negative environmental impact on a possible Natura 2000 site. If no alternative exists, the investment can
only be allowed if it demonstrates overriding public interest and all compensatory and mitigation measures
have been applied.

It is also important to emphasise that these requirements have recently been transposed into Polish law
through amendments to the Nature Conservation Act. As a result they apply also in Polish legislation.

The Commission wishes to underline that no PHARE or Instrument for Structural policies for Pre-accession
(ISPA) funding has been provided for the construction of a motorway across through the areas referred to.
Furthermore, no such project features in the current project pipeline.

Additionally, the Commission is currently launching a study for an independent assessment of the impacts
of already programmed improvements and identification of priorities for further investment on this
Corridor, covering the three affected countries from Tallinn to Warsaw. This would include consideration
of the environmental and cost implications of existing and alternative alignments.

(1) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora,

OJ L 206, 22.7.1992.

(2) Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, OJ L 103, 25.4.1979.
(3) Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of

certain public and private projects on the environment, OJ L 73, 14.3.1997.

(4) Directive 2001/42/EC of the Parliament and of the Council of 27 June 2001 on the assessment of the effects of

certain plans and programmes on the environment, OJ L 197, 21.7.2001.

(2004/C 33 E/090)

WRITTEN QUESTION E-0929/03

by Jorge Moreira Da Silva (PPE-DE) to the Commission

(24 March 2003)

Subject: Legionnaire’s disease

There is a direct link between the poor maintenance of water heating and air conditioning systems in
public buildings and the incidence of extremely serious cases of pneumonia caused by the Legionella
bacterium.

1. Does the Commission believe that national legislation on the construction and maintenance of public
buildings ensures that the public are protected against Legionnaire’s disease? Which countries have
legislation which does offer these guarantees?

2. Will the Commission prepare European legislative initiatives aimed at imposing common rules for the

maintenance of public buildings which are designed to protect public health?

Supplementary answer
given by Mr Byrne on behalf of the Commission

(28 July 2003)

The construction and maintenance of buildings and their installations are issues under the responsibility of
the Member States. Concerning the safety of drinking water supply systems, these issues are expected to be
covered by the new European Acceptance Scheme (EAS) for regulated construction products in contact
with drinking water. EAS cannot, however, cover heating and air conditioning systems in buildings.

C 33 E/94

Official Journal of the European Union

EN

6.2.2004

A table providing the references for national guidance for control and prevention of Legionnaires’ disease
is sent direct to the Honourable Member and to Parliament’s Secretariat. Many countries have guidance but
not all have legislation in place.

No common European framework exists. The Commission is in the process of building such a European
framework, and harmonised product standards will enable water supply systems made from products
complying with these European standards to provide water quality in accordance with the requirements of
the Drinking Water Directive, Council Directive 98/83/EC of 3 November 1998 on the quality of water
intended for human consumption (1).

(1) OJ L 330, 5.12.1998.

(2004/C 33 E/091)

WRITTEN QUESTION E-0934/03

by Graham Watson (ELDR) to the Commission

(26 March 2003)

Subject: Seychelles

Has the Commission seen the copies of the videocassettes filmed in the Seychelles by Pauline Ferrari?

Would it not agree that these demonstrate clearly human rights abuses by the regime

Answer given by Mr Nielson on behalf of the Commission

(22 April 2003)

The Commission is not aware of the videocassettes mentioned.

The Community’s relations with the African, Caribbean and Pacific (ACP) States are based on respect for
human rights and fundamental freedoms, as defined in the Cotonou Agreement.

Should the Commission consider that there is a violation of these values, all appropriate instruments
provided for by the Cotonou Agreement will be applied.

(2004/C 33 E/092)

WRITTEN QUESTION E-0935/03

by Graham Watson (ELDR) to the Commission

(26 March 2003)

Subject: Seychelles

What is the Commission’s view of the legal actions brought by the President and Vice-President of the
Seychelles against the publication REGAR?

Does the Commission believe that press freedom in the Seychelles can be protected?

Answer given by Mr Nielson on behalf of the Commission

(14 April 2003)

The Commission has on several occasions underlined that the Community’s relations with the African,
Caribbean and Pacific (ACP) States, as defined in the Cotonou Agreement, are based on respect for human
rights and fundamental freedoms.