WRITTEN QUESTION E-2093/03 by Paulo Casaca (PSE) to the Commission. Possible infringement of the Community directive on urban waste water in Ponta Delgada.
Date: 2003-06-24
Institutions: European Parliament, Provisional data
Subjects: Azores, application of EU law, environmental impact, impact study, pollution control measures, urban area, wastewater, water treatment

26.2.2004

EN

Official Journal of the European Union

C 51 E/197

(2004/C 51 E/217)

WRITTEN QUESTION E-2093/03

by Paulo Casaca (PSE) to the Commission

(24 June 2003)

Subject: Possible infringement of the Community directive on urban waste water in Ponta Delgada

According to the press (Açoriano Oriental of 4 June 2003), the environmental organisation Quercus has
complained that the waste water treatment plant in Ponta Delgada contravenes Community legislation, an
allegation which has been denied by the Ponta Delgada council.

The Commission:

1. Can it confirm that the Ponta Delgada basin has been identified as a ‘less sensitive area’ according to
the criteria referred to in Article 6(1) of Council Directive 91/271/EEC (1)? If so, by what date must
this status be reviewed as provided for in Article 6(4)?

2. Does it consider that ‘comprehensive studies’ were carried out which ‘indicate that such discharges will

not adversely affect the environment’, as required by Article 6(2) of the above Directive?

3.

Is it aware of the studies undertaken by the University of the Azores in the early 1990s, which point
to the extreme sensitivity of the waters of the Azores in general, and of the basin between Ponta
Delgada and Caloura in particular?

4. Were any studies carried out pursuant to Article 6(2) submitted to public debate, as is the general rule

for environmental impact assessments?

(1) OJ L 135, 30.5.1991, p. 40.

Answer given by Mrs Wallström on behalf of the Commission

(5 August 2003)

1.
Portugal identified all the coastal waters of the Azores, which include also the Ponta Delgada basin,
as less sensitive areas. The Commission has not given its ‘approval’ to this identification. The Commission
believes that some of the areas do not fulfil the criteria set out in the Directive 91/271/EEC, in particular
in view of the risk of the contamination of a large number of bathing waters and also shellfish waters.

The Commission has launched an infringement procedure against Portugal for failure to comply with the
Council Directive 91/271/EEC concerning urban waste water, which covers, inter alia, the identification of
less sensitive areas.

According to the available information, the waste water from Ponta Delgada and Angra do Heroismo (both
agglomerations are above 15 000 population equivalents) is discharged into bathing water areas without
the necessary biological treatment. The deadline for providing these treatment facilities was 31 December
2000.

The Commission has not received any comprehensive study from the Portuguese authorities, as

2.
required under Article 6(2) of Council Directive 91/271/EEC.

3.

The Commission is not aware of these studies.

The Commission has not received any study under Article 6(2) from the Portuguese authorities.

4.
Therefore, it is unclear whether or not such a study has been carried out.