WRITTEN QUESTION E-1896/03 by María Sornosa Martínez (PSE) to the Commission. Alarming increase in the number of cases of Legionnaires' disease in Alcoy.
Date: 2003-06-06
Institutions: European Parliament, Provisional data
Subjects: Community of Valencia, air conditioning, application of EU law, disease prevention, health control, infectious disease, public health

C 51 E/154

Official Journal of the European Union

EN

26.2.2004

Articles 6 and 8 of its constitution stated that the following were members:

(cid:1) the Commission, represented by Eurostat, with 50 % of the total votes;

(cid:1) European organisations representing staff working in the sector, with 25 % of the total votes;

(cid:1) national or European cross-industry employers’ organisations, with 25 % of the votes.

Eurostat officially withdrew on 31 December 1997, which in accordance with Article 7 of the constitution
entailed the winding up and liquidation of the grouping.

The Commission’s information on the participation of Eurostat in these bodies:

(cid:1) A Commission communication of 17 October 1995 authorised Eurostat to continue participating in
Eurocost, CESD-Communautaire and DEBA for the present, and accepted that its participation should
be phased out (1). In line with that decision, Mr Franchet wrote to the Chef de Cabinet to Mr de Silguy,
Member of the Commission, on 2 May 1997, to inform him that no member of Eurostat was any
longer a member of the decision-making bodies of TES, CESD or Eurocost. He pointed out that the
constitution of DEBA did not allow a member to resign. A change in the constitution had accordingly
finally resigned in
been sought. The Eurostat members of DEBA’s decision-making bodies
December 1997, as described above.

(cid:1) Tables containing the information requested have been sent directly to the Honourable Member. In
particular, Table 1 shows payments by all Directorates-General to Institut TES in the years 1997 to
2003. Table 2 shows payments by all Directorates-General to CESD-Communautaire in the years 1992
to 2003, and Table 3 shows payments by all Directorates-General to DEBA in the years 1992 to
2002.

(1) SEC(95) 1684.

(2004/C 51 E/171)

WRITTEN QUESTION E-1896/03

by María Sornosa Martínez (PSE) to the Commission

(6 June 2003)

Subject: Alarming increase in the number of cases of Legionnaires’ disease in Alcoy

The author of this question has (in a number of previous questions) drawn the Commission’s attention to
the serious recurrent outbreaks of Legionnaires’ disease in Alcoy. So far (figures for May of this year), 239
people in that locality have contracted the disease, of whom six have died.

In its earlier reply to question P-1159/02 (1) the Commission said ‘the Spanish authorities have taken the
appropriate steps to identify the root of the problem and its spread (…). Consequently, the Commission
has decided to drop the case.’

However, it is clear from the recent data for May that the situation in Alcoy is anything but under control
and is worsening daily, as further cases come to light.

As reported by the local suffers’ support group, the health authorities are not ensuring that the owners of
air-conditioning plants are complying with the requirement to clean and inspect their equipment.

Given that the number of recorded cases has now risen to 239, does the Commission consider that the
Valencia regional authorities are making an adequate effort and that the resources which they have so far
allocated will be sufficient to enable the outbreaks of Legionnaires’ disease in Alcoy to be brought entirely
under control?

Does the Commission still maintain that, in the case of the Alcoy outbreaks, Community law is being
correctly applied?

(1) OJ C 229 E, 26.9.2002, p. 188.

26.2.2004

EN

Official Journal of the European Union

C 51 E/155

Answer given by Mrs Wallström on behalf of the Commission

(30 July 2003)

In response to the Honourable Member’s previous written questions about the outbreaks of legionellosis in
Alcoy, the Commission opened an own-initiative investigation, registered as No 2001/2048, to check that
the Spanish authorities were correctly applying Community environmental law in this particular case.

In the course of its enquiries, the Commission contacted the Spanish authorities to ask for their comments
on the situation reported by the Honourable Member and the application, in this case, of Council Directive
80/778/EEC (1) of 15 July 1980, on the quality of water intended for human consumption. This Directive
was replaced by Council Directive 98/83/EC (2) of 3 November 1998 on the quality of water intended for
human consumption.

As explained in the answer to the Honourable Member’s Written Question P-1159/02, examination of the
case did not point to any infringement of the Community legislation in force. The Commission therefore
decided to close the case.

In its role as guardian of the Treaties, the Commission monitors the application of Community law by the
Member States. However, it cannot intervene in matters which do not fall within Community competence.

As the Honourable Member indicates in her most recent written question, the new cases of legionellosis in
Alcoy seem to be originating in air conditioning systems, which, apparently, are not being cleaned and
inspected as current rules prescribe.

As the legionellosis in Alcoy is not originating in the drinking water, Directives 80/778/EEC and 98/83/EC
do not apply. There is no Community legislation applicable to this case and the Commission cannot give a
decision on the matter.

Epidemiological
information on legionellosis is to be provided to the Community on the basis of the
Parliament and Council Decision 2119/98/EC establishing a Network for the Surveillance and Control of
Communicable Disease (3). The Spanish public health authorities, upon request of the Commission, have
informed the Community that a systematic plan of control of installations and enhanced surveillance of
legionellosis are in place in the town of Alcoi. No objections have been raised by the other Member States
on the adoption of the measures. No further actions are foreseen by Community legislation in the field of
public health.

(1) OJ L 229, 30.8.1980.
(2) OJ L 330, 5.12.1998.
(3) OJ L 268, 3.10.1998.

(2004/C 51 E/172)

WRITTEN QUESTION E-1899/03

by Jillian Evans (Verts/ALE) to the Commission

(6 June 2003)

Subject: Dolphins in trawler nets

Each year, large numbers of dead dolphins are washed up on the shores of the English Channel, and there
would appear to be some connection between this and the fact that large, mid-water trawls also fish the
areas. Post-mortems of these dolphins show that nearly all of them were in fact victims of by-catch. As the
number of dolphin bodies washed ashore may represent less than 5 % of the actual total dead,
it is
imperative that something be done about this.