WRITTEN QUESTION E-1996/03 by Mihail Papayannakis (GUE/NGL) to the Commission. Waste water treatment plant at Rafina.
Date: 2003-06-16
Institutions: European Parliament, Provisional data
Subjects: Greece, application of EU law, environmental impact, environmental law, impact study, wastewater, water treatment

C 51 E/176

Official Journal of the European Union

EN

26.2.2004

Answer given by Mr Monti on behalf of the Commission

(3 July 2003)

The Honourable Member seeks to know whether the measures taken by the Italian federation of
newspaper publishers (FIEG) as well as Italian newsagents to prevent the Italian book publisher Ilisso from
marketing its books in combination with the sale of discounted national and foreign newspapers are
compatible with Article 82 of the EC Treaty. The discount practice forms an inherent part of a promotion
strategy by Ilisso and, according to the FIEG, would constitute an infringement of inter alia the applicable
national laws on resale price maintenance for the distribution of press products.

So far, the Commission has been unaware of the existence of such practices on the relevant Italian
markets.

Furthermore, the Commission wishes to recall that distortions of competition which directly flow from
national laws including those on fixed prices for print media products are in principle not caught by
Article 82 of the EC Treaty but rather by the EC Treaty’s provisions on the free circulation of goods and
the freedom to provide services. The mere reliance by the FIEG and/or the Italian newsagents on the
applicable national legal rules governing the obligation to respect inter alia the fixed retail prices for press
products is thus not liable to amount to an infringement of Article 82 of the EC Treaty. Even assumed that
some autonomous abusive behaviour is identifiable (cid:1) quod non (cid:1) it is also to be reminded that the
wording of Article 82, as opposed to that of Article 81 of the EC Treaty, does not cover behaviour of
associations of undertakings, such as the FIEG, being the only possible author of such potential abuse in
the case at issue. Moreover, publishers’ associations are not normally active as economic operators on the
relevant markets for publishing and distribution of books and newspapers but merely represent the
collective interests of their members. They are thus by definition unable to hold a dominant position in the
relevant markets and to abuse market power within the meaning of Article 82 of the EC Treaty.

With respect to the EC Treaty’s provisions on the free circulation of goods and the freedom to provide
services, in the current case, the action by the FIEG appears to be based on the FIEG’s interpretation of
Italian law which might be subject to proceedings before the Italian courts. On that basis, the Honourable
Member will understand that it would be inappropriate for the Commission to take a position at the
present stage as to whether the application of the underlying provisions of Italian law represents an
Internal Market restriction and then to proceed with a premature examination as to whether such an
‘alleged’ restriction is compatible with the provisions on free movement enshrined in the EC Treaty.

(2004/C 51 E/196)

WRITTEN QUESTION E-1996/03

by Mihail Papayannakis (GUE/NGL) to the Commission

(16 June 2003)

Subject: Waste water treatment plant at Rafina

As complaints from local organisations illustrate, the construction of a drainage system and waste water
treatment plant in the area of northern Messoghion is proving to be a complex project which will have a
negative environmental impact during construction and operation alike.

In particular:

(cid:1) the specifications in respect of treated waste water from the Rafina plant do not include (cid:1) as required
by Directive 91/271/EEC (1) amended by Directive 98/15/EC (2) (cid:1) the measurement and monitoring of
the COD indicator for treated waste water, and the measurement and monitoring of pathogenic
micro-organisms in accordance with Directive 76/160/EEC (3) on the quality of bathing water;

26.2.2004

EN

Official Journal of the European Union

C 51 E/177

(cid:1) the assessments of pollutant and pathogenic substances in the sea at the discharge point are based on
half the volume of water discharged from the Rafina plant owing to a mistake in the mathematical
simulation which meant that the mass factor was not correctly calculated;

(cid:1) the environmental impact assessment makes no reference to the quantity of sludge or other solid
waste produced, the landfill sites for which it is destined and the means of transportation thereto, or
the environmental effects of the method of waste management. Likewise, there is no mention of the
environmental impact of managing a large number of chemical primaries or their by-products;

(cid:1) there is also failure to observe the measures for checking and monitoring the presence of heavy metals
and toxic substances arising from the discharging of untreated industrial effluent through a central
conduit at the Rafina plant, and

(cid:1) there is no reference to how great a volume of waste water undergoing secondary treatment is also

subject to tertiary treatment and disinfection.

Can the Commission investigate the matter and examine whether,
impact
assessment concerned is riddled with defects and technically unfeasible and whether all the other measures
have been duly taken to implement Community environment legislation correctly? What measures will the
Commission take if
it identifies infringements of Community environment legislation such as those
referred to above?

in fact, the environmental

(1) OJ L 135, 30.5.1991, p. 40.
(2) OJ L 67, 7.3.1998, p. 29.
(3) OJ L 31, 5.2.1976, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(31 July 2003)

Directive 85/337/EEC (1), as amended by Directive 97/11/EC (2), requires the Member States to adopt all
measures necessary to ensure that, before consent is given, projects likely to have significant effects on the
environment by virtue, inter alia, of their nature, size or location are made subject to a requirement for
development consent and an assessment with regard to their effects. The projects covered by the Directive
are defined in Article 4 by reference to Annexes I and II to the Directive.

Waste water treatment plants with a capacity exceeding 150 000 population equivalent are item 13 in
Annex I to the Directive. An environmental impact assessment is required for projects listed in Annex I.

Projects to construct waste-water treatment plants not included in Annex I are item 11(c) in Annex II to
the Directive. For projects listed in Annex II, it is for the Member States to determine, through a case-by-
case examination or thresholds or criteria, whether the project is to be made subject to an assessment. The
Greek legislation transposing the Directive requires an environmental impact assessment for this type of
project.

On the basis of the Honourable Member’s allegations, the Commission will examine whether the Greek
authorities have complied with the obligations imposed by Directive 85/337/EEC. If the Commission finds
any breach of Community provisions,
it will take appropriate measures to ensure compliance with
Community environmental legislation.

The Commission invites the Honourable Member to send it all the information in his possession in order
to facilitate its investigation.

(1) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private

projects on the environment, OJ L 175, 5.7.1985.

(2) 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.